H. R. 5244

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To amend title 38, United States Code, to revise and improve veterans’ benefits

programs, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Veterans’

Benefits Improvements Act of 1994’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act

is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References to title 38, United States Code.

TITLE I—PERSIAN GULF WAR VETERANS

Sec. 101. Short title.

Sec. 102. Findings.

Sec. 103. Purposes.

Sec. 104. Development of medical evaluation protocol.

Sec. 105. Outreach to Persian Gulf veterans.

Sec. 106. Compensation benefits for disability resulting from illness attributed to

service during the Persian Gulf War.

Sec. 107. Evaluation of health status of spouses and children of Persian Gulf War

veterans.

Sec. 108. Clarification of scope of health examinations provided for veterans eligible

for inclusion in health-related registries.

Sec. 109. Survey of Persian Gulf veterans.

Sec. 110. Authorization for epidemiological studies.

Sec. 111. Cost-savings provisions.

TITLE II—BOARD OF VETERANS’ APPEALS ADMINISTRATION

Sec. 201. Appointment, pay comparability, and performance reviews for members of

the Board of Veterans’ Appeals.

Sec. 202. Deadline for establishment of performance evaluation criteria for Board

members.

Sec. 203. Continuation in office of Chairman pending appointment of successor.

TITLE III—ADJUDICATION IMPROVEMENTS

Sec. 301. Acceptance of certain documentation for claims purposes.

Sec. 302. Expedited treatment of remanded claims.

Sec. 303. Screening of appeals.

Sec. 304. Report on feasibility of reorganization of adjudication divisions in VBA regional offices.

TITLE IV—VETERANS’ CLAIMS ADJUDICATION COMMISSION

Sec. 401. Establishment of commission.

Sec. 402. Duties of the commission.

Sec. 403. Powers of the commission.

Sec. 404. Commission personnel matters.

Sec. 405. Termination of the commission.

Sec. 406. Definitions.

Sec. 407. Funding.
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TITLE V—MISCELLANEOUS PROVISIONS

Sec. 501. Restatement of intent of Congress concerning coverage of Radiation-Exposed Veterans Compensation Act of 1988. Sec. 502. Extension of authority to maintain regional office in the Philippines. Sec. 503. Renouncement of benefit rights. Sec. 504. Clarification of payment of attorney fees under contingent fee agreements.

Sec. 505. Codification of herbicide-exposure presumptions established administratively. Sec. 506. Treatment of certain income of Alaska natives for purposes of needsbased benefits.

Sec. 507. Elimination of requirement for payment of certain benefits in Philippine

pesos. Sec. 508. Study of health consequences for family members of atomic veterans of

exposure of atomic veterans to ionizing radiation. Sec. 509. Center for Minority Veterans and Center for Women Veterans. Sec. 510. Advisory Committee on Minority Veterans. Sec. 511. Mailing of notices of appeal to the Court of Veterans Appeals.

TITLE VI—EDUCATION AND TRAINING PROGRAMS

Sec. 601. Flight training. Sec. 602. Training and rehabilitation for veterans with service-connected disabilities.

Sec. 603. Alternative teacher certification programs. Sec. 604. Education outside the United States.

Sec. 605. Correspondence courses. Sec. 606. State approving agencies. Sec. 607. Measurement of courses.

Sec. 608. Veterans’ Advisory Committee on Education. Sec. 609. Contract educational and vocational counseling. Sec. 610. Service Members Occupational Conversion and Training Act of 1992.

TITLE VII—EMPLOYMENT PROGRAMS

Sec. 701. Job counseling, training, and placement. Sec. 702. Employment and training of veterans.

TITLE VIII—CEMETERIES AND MEMORIAL AFFAIRS

Sec. 801. Eligibility for burial in national cemeteries of spouses who predecease veterans. Sec. 802. Restoration of burial eligibility for unremarried spouses. Sec. 803. Extension of authorization of appropriations for State cemetery grant

program. Sec. 804. Authority to use flat grave markers at the Willamette National Cemetery,

Oregon.

TITLE IX—HOUSING PROGRAMS

Sec. 901. Eligibility. Sec. 902. Revision in computation of aggregate guaranty. Sec. 903. Public and community water and sewerage systems. Sec. 904. Authority to guarantee home refinance loans for energy efficiency improvements. Sec. 905. Authority to guarantee loans to refinance adjustable rate mortgages to

fixed rate mortgages. Sec. 906. Manufactured home loan inspections. Sec. 907. Procedures on default.

Sec. 908. Minimum active-duty service requirement.

TITLE X—HOMELESS VETERANS PROGRAMS

Sec. 1001. Reports on activities of the Department of Veterans Affairs to assist

homeless veterans.

Sec. 1002. Report on assessment and plans for response to needs of homeless veterans. Sec. 1003. Increase in number of demonstration programs under Homeless Veterans Comprehensive Service Programs Act of 1992. Sec. 1004. Removal of funding requirement of Homeless Veterans Comprehensive

Service Programs Act of 1992. Sec. 1005. Sense of Congress.

TITLE XI—REDUCTIONS IN DEPARTMENT OF VETERANS AFFAIRS

PERSONNEL

Sec. 1101. Findings.
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Sec. 1102. Requirement for minimum number of full-time equivalent positions. Sec. 1103. Enhanced authority to contract for necessary services. Sec. 1104. Study.

TITLE XII—TECHNICAL AND CLERICAL AMENDMENTS

Sec. 1201. Amendments to title 38, United States Code.

Sec. 1202. Amendments to other laws administered by Secretary of Veterans Affairs.

Sec. 1203. Amendments to other laws.

SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

Except as otherwise expressly provided, whenever in this Act

an amendment or repeal is expressed in terms of an amendment

to, or repeal of, a section or other provision, the reference shall

be considered to be made to a section or other provision of title

38, United States Code.

TITLE I—PERSIAN GULF WAR

VETERANS

SEC. 101. SHORT TITLE.

This Act may be cited as the ‘‘Persian Gulf War Veterans’

Benefits Act’’.

SEC. 102. FINDINGS.

The Congress makes the following findings:

(1) During the Persian Gulf War, members of the Armed

Forces were exposed to numerous potentially toxic substances,

including fumes and smoke from military operations, oil well

fires, diesel exhaust, paints, pesticides, depleted uranium, infectious agents, investigational drugs and vaccines, and indigenous

diseases, and were also given multiple immunizations. It is

not known whether these servicemembers were exposed to

chemical or biological warfare agents. However, threats of

enemy use of chemical and biological warfare heightened the

psychological stress associated with the military operation.

(2) Significant numbers of veterans of the Persian Gulf

War are suffering from illnesses, or are exhibiting symptoms

of illness, that cannot now be diagnosed or clearly defined.

As a result, many of these conditions or illnesses are not

considered to be service connected under current law for purposes of benefits administered by the Department of Veterans

Affairs.

(3) The National Institutes of Health Technology Assessment Workshop on the Persian Gulf Experience and Health,

held in April 1994, concluded that the complex biological, chemical, physical, and psychological environment of the Southwest

Asia theater of operations produced complex adverse health

effects in Persian Gulf War veterans and that no single disease

entity or syndrome is apparent. Rather, it may be that the

illnesses suffered by those veterans result from multiple illnesses with overlapping symptoms and causes that have yet

to be defined.

(4) That workshop concluded that the information concerning the range and intensity of exposure to toxic substances

by military personnel in the Southwest Asia theater of operations is very limited and that such information was collected

only after a considerable delay.
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(5) In response to concerns regarding the health-care needs

of Persian Gulf War veterans, particularly those who suffer

from illnesses or conditions for which no diagnosis has been

made, the Congress, in Public Law 102–585, directed the

establishment of a Persian Gulf War Veterans Health Registry,

authorized health examinations for veterans of the Persian

Gulf War, and provided for the National Academy of Sciences

to conduct a comprehensive review and assessment of information regarding the health consequences of military service in

the Persian Gulf theater of operations and to develop recommendations on avenues for research regarding such health

consequences. In Public Law 103–210, the Congress authorized

the Department of Veterans Affairs to provide health care

services on a priority basis to Persian Gulf War veterans.

The Congress also provided in Public Law 103–160 (the

National Defense Authorization Act for Fiscal Year 1994) for

the establishment of a specialized environmental medical facility for the conduct of research into the possible health effects

of exposure to low levels of hazardous chemicals, especially

among Persian Gulf veterans, and for research into the possible

health effects of battlefield exposure in such veterans to

depleted uranium.

(6) In response to concerns about the lack of objective

research on Gulf War illnesses, Congress included research

provisions in the National Defense Authorization Act for Fiscal

Year 1995, which was passed by the House and Senate in

September 1994. This legislation requires the Secretary of

Defense to provide research grants to non-Federal researchers

to support three types of studies of the Gulf War syndrome.

The first type of study will be an epidemiological study or

studies of the incidence, prevalence, and nature of the illness

and symptoms and the risk factors associated with symptoms

or illnesses. This will include illnesses among spouses and

birth defects and illnesses among offspring born before and

after the Gulf War. The second group of studies shall be conducted to determine the health consequences of the use of

pyridostigmine bromide as a pretreatment antidote enhancer

during the Persian Gulf War, alone or in combination with

exposure to pesticides, environmental toxins, and other hazardous substances. The final group of studies shall include clinical

research and other studies on the causes, possible transmission,

and treatment of Gulf War syndrome, and will include studies

of veterans and their spouses and children.

(7) Further research and studies must be undertaken to

determine the underlying causes of the illnesses suffered by

Persian Gulf War veterans and, pending the outcome of such

research, veterans who are seriously ill as the result of such

illnesses should be given the benefit of the doubt and be provided compensation benefits to offset the impairment in earnings capacities they may be experiencing.

SEC. 103. PURPOSES.

The purposes of this title are—

(1) to provide compensation to Persian Gulf War veterans

who suffer disabilities resulting from illnesses that cannot now

be diagnosed or defined, and for which other causes cannot

be identified;
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(2) to require the Secretary of Veterans Affairs to develop

at the earliest possible date case assessment strategies and

definitions or diagnoses of such illnesses;

(3) to promote greater outreach to Persian Gulf War veterans and their families to inform them of ongoing research

activities, as well as the services and benefits to which they

are currently entitled; and

(4) to ensure that research activities and accompanying

surveys of Persian Gulf War veterans are appropriately funded

and undertaken by the Department of Veterans Affairs.

SEC. 104. DEVELOPMENT OF MEDICAL EVALUATION PROTOCOL.

(a) UNIFORM MEDICAL EVALUATION PROTOCOL.—(1) The Secretary of Veterans Affairs shall develop and implement a uniform

and comprehensive medical evaluation protocol that will ensure

appropriate medical assessment, diagnosis, and treatment of Persian Gulf War veterans who are suffering from illnesses the origins

of which are (as of the date of the enactment of this Act) unknown

and that may be attributable to service in the Southwest Asia

theater of operations during the Persian Gulf War. The protocol

shall include an evaluation of complaints relating to illnesses involving the reproductive system.

(2) If such a protocol is not implemented before the end of

the 120-day period beginning on the date of the enactment of

this Act, the Secretary shall, before the end of such period, submit

to the Committees on Veterans’ Affairs of the Senate and House

of Representatives a report as to why such a protocol has not

yet been developed.

(3)(A) The Secretary shall ensure that the evaluation under

the protocol developed under this section is available at all Department medical centers that have the capability of providing the

medical assessment, diagnosis, and treatment required under the

protocol.

(B) The Secretary may enter into contracts with non-Department medical facilities for the provision of the evaluation under

the protocol.

(C) In the case of a veteran whose residence is distant from

a medical center described in subparagraph (A), the Secretary may

provide the evaluation through a Department medical center

described in that subparagraph and, in such a case, may provide

the veteran the travel and incidental expenses therefor pursuant

to the provisions of section 111 of title 38, United States Code.

(4)(A) If the Secretary is unable to diagnose the symptoms

or illness of a veteran provided an evaluation, or if the symptoms

or illness of a veteran do not respond to treatment provided by

the Secretary, the Secretary may use the authority in section 1703

of title 38, United States Code, in order to provide for the veteran

to receive diagnostic tests or treatment at a non-Department medical facility that may have the capability of diagnosing or treating

the symptoms or illness of the veteran. The Secretary may provide

the veteran the travel and incidental expenses therefor pursuant

to the provisions of section 111 of title 38, United States Code.

(B) The Secretary shall request from each non-Department

medical facility that examines or treats a veteran under this paragraph such information relating to the diagnosis or treatment as

the Secretary considers appropriate.
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(5) In each year after the implementation of the protocol, the

Secretary shall enter into an agreement with the National Academy

of Sciences under which agreement appropriate experts shall review

the adequacy of the protocol and its implementation by the Department of Veterans Affairs.

(b) RELATIONSHIP TO OTHER COMPREHENSIVE CLINICAL EVALUATION PROTOCOLS.—The Secretary, in consultation with the Secretary

of Defense, shall ensure that the information collected through

the protocol described in this section is collected and maintained

in a manner that permits the effective and efficient cross-reference

of that information with information collected and maintained

through the comprehensive clinical protocols of the Department

of Defense for Persian Gulf War veterans.

(c) CASE DEFINITIONS AND DIAGNOSES.—The Secretary shall

develop case definitions or diagnoses for illnesses associated with

the service described in subsection (a)(1). The Secretary shall

develop such definitions or diagnoses at the earliest possible date.

SEC. 105. OUTREACH TO PERSIAN GULF VETERANS.

(a) IN GENERAL.—The Secretary of Veterans Affairs shall implement a comprehensive outreach program to inform Persian Gulf

War veterans and their families of the medical care and other

benefits that may be provided by the Department of Veterans

Affairs and the Department of Defense arising from service in

the Persian Gulf War.

(b) NEWSLETTER.—(1) The outreach program shall include a

newsletter which shall be updated and distributed at least semiannually and shall be distributed to the veterans listed on the

Persian Gulf War Veterans Health Registry. The newsletter shall

include summaries of the status and findings of Government sponsored research on illnesses of Persian Gulf War veterans and their

families, as well as on benefits available to such individuals through

the Department of Veterans Affairs. The newsletter shall be prepared in consultation with veterans service organizations.

(2) The requirement under this subsection for the distribution

of the newsletter shall terminate on December 31, 1999.

(c) TOLL-FREE NUMBER.—The outreach program shall include

establishment of a toll-free telephone number to provide Persian

Gulf War veterans and their families information on the Persian

Gulf War Veterans Health Registry, health care and other benefits

provided by the Department of Veterans Affairs, and such other

information as the Secretary considers appropriate. Such toll-free

telephone number shall be established not later than 90 days after

the date of the enactment of this Act.

SEC. 106. COMPENSATION BENEFITS FOR DISABILITY RESULTING

FROM ILLNESS ATTRIBUTED TO SERVICE DURING THE

PERSIAN GULF WAR.

(a) IN GENERAL.—(1) Chapter 11 is amended by adding at

the end of subchapter II the following new section:

‘‘§ 1117. Compensation for disabilities occurring in Persian

Gulf War veterans

‘‘(a) The Secretary may pay compensation under this subchapter

to any Persian Gulf veteran suffering from a chronic disability

resulting from an undiagnosed illness (or combination of

undiagnosed illnesses) that—
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‘‘(1) became manifest during service on active duty in the

Armed Forces in the Southwest Asia theater of operations

during the Persian Gulf War; or

‘‘(2) became manifest to a degree of 10 percent or more

within the presumptive period prescribed under subsection (b).

‘‘(b) The Secretary shall prescribe by regulation the period

of time following service in the Southwest Asia theater of operations

during the Persian Gulf War that the Secretary determines is

appropriate for presumption of service connection for purposes of

this section. The Secretary’s determination of such period of time

shall be made following a review of any available credible medical

or scientific evidence and the historical treatment afforded disabilities for which manifestation periods have been established and

shall take into account other pertinent circumstances regarding

the experiences of veterans of the Persian Gulf War.

‘‘(c)(1) The Secretary shall prescribe regulations to carry out

this section.

‘‘(2) Those regulations shall include the following:

‘‘(A) A description of the period and geographical area

or areas of military service in connection with which compensation under this section may be paid.

‘‘(B) A description of the illnesses for which compensation

under this section may be paid.

‘‘(C) A description of any relevant medical characteristic

(such as a latency period) associated with each such illness.

‘‘(d) A disability for which compensation under this subchapter

is payable shall be considered to be service connected for purposes

of all other laws of the United States.

‘‘(e) For purposes of this section, the term ‘Persian Gulf veteran’

means a veteran who served on active duty in the Armed Forces

in the Southwest Asia theater of operations during the Persian

Gulf War.’’.

(2) The table of sections at the beginning of such chapter

is amended by inserting after the item relating to section 1116

the following new item:

‘‘1117. Compensation for disabilities occurring in Persian Gulf War veterans.’’.

(b) CONFORMING AMENDMENTS.—Section 1113 is amended—

(1) by striking out ‘‘section 1112 or 1116’’ in the first

and third place it appears and inserting in lieu thereof ‘‘section

1112, 1116, or 1117’’;

(2) by striking out ‘‘title’’ the second place it appears and

inserting in lieu thereof ‘‘title, or payments of compensation

pursuant to section 1117 of this title,’’; and

(3) by inserting ‘‘or disabilities’’ after ‘‘diseases’’ both places it appears in subsection (a).

(c) REPORT.—Not later than 60 days after the date of the

enactment of this Act, the Secretary of Veterans Affairs shall submit

to the Committees on Veterans’ Affairs of the Senate and House

of Representatives a report stating whether or not the Secretary

intends to pay compensation as provided in section 1117 of title

38, United States Code, as added by subsection (a). (d) REGULATIONS.—If the Secretary states in the report under

subsection (c) that the Secretary intends to pay compensation as

provided in section 1117 of title 38, United States Code, as added

by subsection (a), the Secretary shall, not later than 30 days after

the date on which such report is submitted, publish in the Federal
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Register proposed regulations under subsections (b) and (c) of that

section.

SEC. 107. EVALUATION OF HEALTH STATUS OF SPOUSES AND CHILDREN OF PERSIAN GULF WAR VETERANS.

(a) EVALUATION PROGRAM.—Subject to subsection (c), the Secretary of the Veterans Affairs shall conduct a study to evaluate

the health status of spouses and children of Persian Gulf War

veterans. Under the study, the Secretary shall provide for the

conduct of diagnostic testing and appropriate medical examinations

of any individual—

(1) who is the spouse or child of a veteran who—

(A) is listed in the Persian Gulf War Veterans Registry

established under section 702 of Public Law 102–585; and

(B) is suffering from an illness or disorder;

(2) who is apparently suffering from, or may have suffered

from, an illness or disorder (including a birth defect, miscarriage, or stillbirth) which cannot be disassociated from the

veteran’s service in the Southwest Asia theater of operations;

and

(3) who, in the case of a spouse, has granted the Secretary

permission to include in the Registry relevant medical data

(including a medical history and the results of diagnostic testing

and medical examinations) and such other information as the

Secretary considers relevant and appropriate with respect to

such individual.

Such testing and examinations shall be carried out so as to gather

such medical data as the Secretary considers relevant and appropriate in order to determine the nature and extent of the association,

if any, between illness or disorder of the spouse or child and

the illness of the veteran.

(b) DURATION OF PROGRAM.—The program shall be carried out

during the period beginning on November 1, 1994, and ending

on September 30, 1996.

(c) FUNDING LIMITATION.—The amount spent for the program

under subsection (a) may not exceed $2,000,000.

(d) CONTRACTING.—The Secretary shall provide for the conduct

of testing and examinations under subsection (a) through appropriate contract arrangements.

(e) STANDARD PROTOCOLS AND GUIDELINES.—The Secretary

shall seek to ensure uniform development of medical data through

the development of standard protocols and guidelines for such testing and examinations. If such protocols and guidelines have not

been adopted before the end of the 120-day period beginning on

the date of the enactment of this Act, the Secretary shall, before

the end of such period, submit to the Committees on Veterans’

Affairs of the Senate and House of Representatives a report as

to why such protocols and guidelines have not yet been developed.

(f) ENTRY OF RESULTS IN REGISTRY.—The results of diagnostic

tests, medical histories, and medical examinations conducted under

subsection (a) shall be entered into the Persian Gulf War Veterans

Health Registry.

(g) OUTREACH.—The Secretary shall conduct such outreach

activities as the Secretary determines necessary to ensure that

implementation of this section results in sufficient information to

enable the Secretary—
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(1) to analyze the health status of large numbers of spouses

and children of Persian Gulf veterans; and

(2) to formulate research hypotheses regarding possible

association between illnesses or disorders suffered by Persian

Gulf veterans and illnesses or disorders (including birth defects,

miscarriages, and stillbirths) suffered by their spouses and

children.

(h) USE OUTSIDE DEPARTMENT OF STANDARD PROTOCOLS AND

GUIDELINES.—The Secretary shall—

(1) make the standard protocols and guidelines developed

under this section available to any entity which requests a

copy of such protocols and guidelines; and

(2) enter into the registry the results of any examination

of the spouse or child of a veteran who served in the Persian

Gulf theater which a licensed physician certifies was conducted

using those standard protocols and guidelines.

(i) REPORTS TO CONGRESS.—(1) The Secretary shall submit

to Congress no later than October 31, 1995, a report on the Secretary’s implementation of this section.

(2) The Secretary shall analyze the data entered into the registry under this section and shall submit to Congress, not later

than March 1, 1997, a report on that analysis and on the Secretary’s

recommendation for any further legislation or studies regarding

the health status of spouses and children of Persian Gulf War

veterans.

(j) DEFINITIONS.—For purposes of this section, the terms ‘‘child’’

and ‘‘spouse’’ have the meanings given those terms in paragraphs

(4) and (31), respectively, of section 101 of title 38, United States

Code.

SEC. 108. CLARIFICATION OF SCOPE OF HEALTH EXAMINATIONS PROVIDED FOR VETERANS ELIGIBLE FOR INCLUSION IN

HEALTH-RELATED REGISTRIES.

Section 703 of the Persian Gulf War Veterans’ Health Status

Act (title VII of Public Law 102–585; 38 U.S.C. 527 note) is

amended—

(1) by inserting ‘‘(including diagnostic tests)’’ after ‘‘exam- ination’’ each place it appears other than in subsection (a)(1)(A);

(2) in subsection (a)(1)(A)—

(A) by inserting ‘‘(including any appropriate diagnostic tests)’’ after ‘‘a health examination’’; and

(B) by inserting ‘‘and the tests’’ after ‘‘the examination’’;

and

(3) in subsection (a)(2), by inserting ‘‘(including any diag- nostic tests)’’ after ‘‘examinations’’.

SEC. 109. SURVEY OF PERSIAN GULF VETERANS.

(a) IN GENERAL.—The Secretary of Veterans Affairs may carry

out a survey of Persian Gulf veterans to gather information on

the incidence and nature of health problems occurring in Persian

Gulf veterans and their families.

(b) COORDINATION WITH DEPARTMENT OF DEFENSE.—Any survey under subsection (a) shall be carried out in coordination with

the Secretary of Defense.

(c) PERSIAN GULF VETERAN.—For purposes of this section, a

Persian Gulf veteran is an individual who served on active duty

in the Armed Forces in the Southwest Asia theater of operations
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during the Persian Gulf War as defined in section 101(33) of title

38, United States Code.

SEC. 110. AUTHORIZATION FOR EPIDEMIOLOGICAL STUDIES.

(a) STUDY OF HEALTH CONSEQUENCES OF PERSIAN GULF SERV- ICE.—If the National Academy of Sciences includes in the report required by section 706(b) of the Veterans Health Care Act of

1992 (Public Law 102–585) a finding that there is a sound basis

for an epidemiological study or studies on the health consequences

of service in the Persian Gulf theater of operations during the

Persian Gulf War and recommends the conduct of such a study

or studies, the Secretary of Veterans Affairs is authorized to carry

out such study. (b) OVERSIGHT.—(1) The Secretary shall seek to enter into an agreement with the Medical Follow-Up Agency (MFUA) of the

Institute of Medicine of the National Academy of Sciences for (A)

the review of proposals to conduct the research referred to in

subsection (a), (B) oversight of such research, and (C) review of

the research findings. (2) If the Secretary is unable to enter into an agreement under paragraph (1) with the entity specified in that paragraph, the

Secretary shall enter into an agreement described in that paragraph

with another appropriate scientific organization which does not

have a connection to the Department of Veterans Affairs. In such

a case, the Secretary shall submit to the Committees on Veterans’

Affairs of the Senate and House of Representatives, at least 90

days before the date on which the agreement is entered into, notice

in writing identifying the organization with which the Secretary

intends to enter into the agreement. (c) ACCESS TO DATA.—The Secretary shall enter into agreements with the Secretary of Defense and the Secretary of Health and

Human Services to make available for the purposes of any study

described in subsection (a) all data that the Secretary, in consultation with the National Academy of Sciences and the contractor

for the study, considers relevant to the study. (d) AUTHORIZATION.—There are authorized to be appropriated

to the Department such sums as are necessary for the conduct

of studies described in subsection (a).

SEC. 111. COST-SAVINGS PROVISIONS.

(a) ELECTION OF DEATH PENSION BY SURVIVING SPOUSE.—Section 1317 is amended—

(1) by striking out ‘‘No person’’ and inserting in lieu thereof ‘‘(a) Except as provided in subsection (b), no person’’; and (2) by adding at the end the following: ‘‘(b) A surviving spouse who is eligible for dependency and indemnity compensation may elect to receive death pension instead

of such compensation.’’. (b) POLICY REGARDING COST-OF-LIVING ADJUSTMENT IN COMPENSATION RATES FOR FISCAL YEAR 1995.—The fiscal year 1995

cost-of-living adjustments in the rates of and limitations for compensation payable under chapter 11 of title 38, United States Code,

and of dependency and indemnity compensation payable under

chapter 13 of such title will be no more than a percentage equal

to the percentage by which benefit amounts payable under title

II of the Social Security Act (42 U.S.C. 401 et seq.) are increased

effective December 1, 1994, as a result of a determination under

section 215(i) of such Act (42 U.S.C. 415(i)), with all increased
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monthly rates and limitations (other than increased rates or limitations equal to a whole dollar amount) rounded down to the next

lower dollar.

TITLE II—BOARD OF VETERANS’

APPEALS ADMINISTRATION

SEC. 201. APPOINTMENT, PAY COMPARABILITY, AND PERFORMANCE

REVIEWS FOR MEMBERS OF THE BOARD OF VETERANS’

APPEALS.

(a) MEMBERS OTHER THAN CHAIRMAN.—(1) Chapter 71 is

amended by inserting after section 7101 the following new section:

‘‘§ 7101A. Members of Board: appointment; pay; performance

review

‘‘(a) The members of the Board of Veterans’ Appeals other than the Chairman (and including the Vice Chairman) shall be

appointed by the Secretary, with the approval of the President,

based upon recommendations of the Chairman. ‘‘(b) Members of the Board (other than the Chairman and

any member of the Board who is a member of the Senior Executive

Service) shall, in accordance with regulations prescribed by the

Secretary, be paid basic pay at rates equivalent to the rates payable

under section 5372 of title 5.

‘‘(c)(1)(A) The Chairman shall establish a panel to review the

performance of members of the Board. The panel shall be comprised

of the Chairman and two other members of the Board (other than

the Vice Chairman). The Chairman shall periodically rotate membership on the panel so as to ensure that each member of the

Board (other than the Vice Chairman) serves as a member of

the panel for and within a reasonable period. ‘‘(B) Not less than one year after the job performance standards under subsection (f) are initially established, and not less often

than once every three years thereafter, the performance review

panel shall determine, with respect to each member of the Board

(other than the Chairman or a member who is a member of the

Senior Executive Service), whether that member’s job performance

as a member of the Board meets the performance standards for

a member of the Board established under subsection (f). Each

such determination shall be in writing. ‘‘(2) If the determination of the performance review panel in

any case is that the member’s job performance as a member of

the Board meets the performance standards for a member of the

Board established under subsection (f), the Chairman shall recertify

the member’s appointment as a member of the Board.

‘‘(3) If the determination of the performance review panel in

any case is that the member’s job performance does not meet

the performance standards for a member of the Board established

under subsection (f), the Chairman shall, based upon the individual

circumstances, either—

‘‘(A) grant the member a conditional recertification; or

‘‘(B) recommend to the Secretary that the member be

noncertified.

‘‘(4) In the case of a member of the Board who is granted

a conditional recertification under paragraph (3)(A) or (5)(A), the

performance review panel shall review the member’s job perform-
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ance record and make a further determination under paragraph

(1) concerning that member not later than one year after the date

of the conditional recertification. If the determination of the

performance review panel at that time is that the member’s job

performance as a member of the Board still does not meet the

performance standards for a member of the Board established under

subsection (f), the Chairman shall recommend to the Secretary

that the member be noncertified.

‘‘(5) In a case in which the Chairman recommends to the

Secretary under paragraph (3) or (4) that a member be noncertified,

the Secretary, after considering the recommendation of the Chairman, may either—

‘‘(A) grant the member a conditional recertification; or

‘‘(B) determine that the member should be noncertified.

‘‘(d)(1) If the Secretary, based upon the recommendation of

the Chairman, determines that a member of the Board should

be noncertified, that member’s appointment as a member of the

Board shall be terminated and that member shall be removed

from the Board.

‘‘(2) Upon removal from the Board under paragraph (1), a

member of the Board (other than the Chairman) who was a career

or career-conditional employee in the civil service before commencement of service as a member of the Board shall revert to the

civil service grade and series held by the member immediately

before the appointment of the member to the Board.

‘‘(e)(1) A member of the Board (other than the Chairman or

a member of the Senior Executive Service) may be removed as

a member of the Board by reason of job performance only as

provided in subsections (c) and (d). Such a member may be removed

by the Secretary, upon the recommendation of the Chairman, for

any other reason as determined by the Secretary.

‘‘(2) In the case of a removal of a member under this section

for a reason other than job performance that would be covered

by section 7521 of title 5 in the case of an administrative law

judge, the removal of the member of the Board shall be carried

out subject to the same requirements as apply to removal of an

administrative law judge under that section. Section 554(a)(2) of

title 5 shall not apply to a removal action under this subsection.

In such a removal action, a member shall have the rights set

out in section 7513(b) of that title.

‘‘(f) The Chairman, subject to the approval of the Secretary,

shall establish standards for the performance of the job of a member

of the Board (other than the Chairman or a member of the Senior

Executive Service). Those standards shall establish objective and

fair criteria for evaluation of the job performance of a member

of the Board.

‘‘(g) The Secretary shall prescribe procedures for the administration of this section, including deadlines and time schedules for

different actions under this section.’’.

(2) The table of sections at the beginning of such chapter

is amended by inserting after the item relating to section 7101

the following new item:

‘‘7101A. Members of Board: appointment; pay; performance review.’’.

(b) SAVE PAY PROVISION.—The rate of basic pay payable to

an individual who is a member of the Board of Veterans’ Appeals

on the date of the enactment of this Act may not be reduced
H. R. 5244—13

by reason of the amendments made by this section to a rate below

the rate payable to such individual on the day before such date.

(c) EFFECTIVE DATE.—Section 7101A(b) of title 38, United

States Code, as added by subsection (a), shall take effect on the

first day of the first pay period beginning after December 31,

1994.

(d) CONFORMING AMENDMENTS.—Section 7101(b) is amended—

(1) by striking out paragraph (2);

(2) by designating as paragraph (2) the text in paragraph

(1) beginning ‘‘The Chairman may be removed’’; and

(3) by striking out ‘‘Members (including the Chairman)’’

in paragraph (3) and inserting in lieu thereof ‘‘The Chairman’’.

SEC. 202. DEADLINE FOR ESTABLISHMENT OF PERFORMANCE

EVALUATION CRITERIA FOR BOARD MEMBERS.

(a) DEADLINE.—The job performance standards required to be

established by section 7101A(f) of title 38, United States Code,

as added by section 201(a), shall be established not later than

90 days after the date of the enactment of this Act.

(b) SUBMISSION TO CONGRESSIONAL COMMITTEES.—Not later

than the date on which the standards referred to in subsection

(a) take effect, the Secretary of Veterans Affairs shall submit to

the Committees on Veterans’ Affairs of the Senate and House

of Representatives a report describing the standards established

by the Chairman of the Board of Veterans’ Appeals.

SEC. 203. CONTINUATION IN OFFICE OF CHAIRMAN PENDING

APPOINTMENT OF SUCCESSOR.

Section 7101(b)(3) is amended by adding at the end the following new sentence: ‘‘If, upon the expiration of the term of office

for which the Chairman was appointed, the position of Chairman

would become vacant, the individual serving as Chairman may,

with the approval of the Secretary, continue to serve as Chairman

until either appointed to another term or a successor is appointed,

but not beyond the end of the Congress during which the term

of office expired.’’.

TITLE III—ADJUDICATION

IMPROVEMENTS

SEC. 301. ACCEPTANCE OF CERTAIN DOCUMENTATION FOR CLAIMS

PURPOSES.

(a) STATEMENTS OF CLAIMANT TO BE ACCEPTED AS PROOF OF

RELATIONSHIPS.—Chapter 51 is amended by adding at the end

the following new section:

‘‘§ 5124. Acceptance of claimant’s statement as proof of relationship

‘‘(a) For purposes of benefits under laws administered by the

Secretary, the Secretary may accept the written statement of a

claimant as proof of the existence of any relationship specified

in subsection (b) for the purpose of acting on such individual’s

claim for benefits.

‘‘(b) Subsection (a) applies to proof of the existence of any

of the following relationships between a claimant and another

person:
H. R. 5244—14

‘‘(1) Marriage.

‘‘(2) Dissolution of a marriage.

‘‘(3) Birth of a child.

‘‘(4) Death of any family member.

‘‘(c) The Secretary may require the submission of documentation

in support of the claimant’s statement if—

‘‘(1) the claimant does not reside within a State;

‘‘(2) the statement on its face raises a question as to its

validity;

‘‘(3) there is conflicting information of record; or

‘‘(4) there is reasonable indication, in the statement or

otherwise, of fraud or misrepresentation.’’.

(b) REPORTS OF EXAMINATIONS BY PRIVATE PHYSICIANS.—Such

chapter, as amended by subsection (a), is further amended by

adding at the end the following new section:

‘‘§ 5125. Acceptance of reports of private physician examinations

‘‘For purposes of establishing any claim for benefits under chapter 11 or 15 of this title, a report of a medical examination administered by a private physician that is provided by a claimant in

support of a claim for benefits under that chapter may be accepted

without a requirement for confirmation by an examination by a

physician employed by the Veterans Health Administration if the

report is sufficiently complete to be adequate for the purpose of

adjudicating such claim.’’. (c) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new items:

‘‘5124. Acceptance of claimant’s statement as proof of relationship.

‘‘5125. Acceptance of reports of private physician examinations.’’.

SEC. 302. EXPEDITED TREATMENT OF REMANDED CLAIMS.

The Secretary of Veterans Affairs shall take such actions as

may be necessary to provide for the expeditious treatment, by

the Board of Veterans’ Appeals and by the regional offices of the

Veterans Benefits Administration, of any claim that has been

remanded by the Board of Veterans’ Appeals or by the United

States Court of Veterans Appeals for additional development or

other appropriate action.

SEC. 303. SCREENING OF APPEALS.

Section 7107 is amended—

(1) in subsection (a)(1), by striking out ‘‘Each case’’ and inserting in lieu thereof ‘‘Except as provided in subsection (f),

each case’’; and

(2) by adding at the end the following new subsection:

‘‘(f) Nothing in this section shall preclude the screening of

cases for purposes of—

‘‘(1) determining the adequacy of the record for decisional

purposes; or

‘‘(2) the development, or attempted development, of a record

found to be inadequate for decisional purposes.’’.

SEC. 304. REPORT ON FEASIBILITY OF REORGANIZATION OF ADJUDICATION DIVISIONS IN VBA REGIONAL OFFICES.

Not later than 180 days after the date of the enactment of

this Act, the Secretary of Veterans Affairs shall submit to the
H. R. 5244—15

Committees on Veterans’ Affairs of the Senate and House of Representatives a report addressing the feasibility and impact of a

reorganization of the adjudication divisions located within the

regional offices of the Veterans Benefits Administration to a number

of such divisions that would result in improved efficiency in the

processing of claims filed by veterans, their survivors, or other

eligible persons for benefits administered by the Secretary.

TITLE IV—VETERANS’ CLAIMS

ADJUDICATION COMMISSION

SEC. 401. ESTABLISHMENT OF COMMISSION.

(a) ESTABLISHMENT OF COMMISSION.—There is hereby established a commission to be known as the Veterans’ Claims Adjudication Commission (hereinafter in this title referred to as the

‘‘commission’’).

(b) MEMBERSHIP.—(1) The commission shall be composed of

nine members, appointed by the Secretary of Veterans Affairs as

follows:

(A) One member shall be appointed from among former

officials of the Department of Veterans Affairs (or the Veterans’

Administration).

(B) Two members shall be appointed from among individuals in the private sector who have expertise in the adjudication

of claims relating to insurance or similar benefits.

(C) Two members shall be appointed from among individ- uals employed in the Federal Government (other than the

Department of Veterans Affairs) who have expertise in the

adjudication of claims for benefits under Federal law other

than under laws administered by the Secretary of Veterans

Affairs.

(D) Two members shall be appointed from among individuals recommended to the Secretary by representatives of veterans service organizations. (E) One member shall be appointed based on a recommendation of the American Bar Association or a similar

private organization from among individuals who have expertise in the field of administrative law.

(F) One member shall be appointed from among current

officials of the Department of Veterans Affairs.

(2) The appointment of members of the commission under this

subsection shall be made not later than February 1, 1995. (c) PERIOD OF APPOINTMENT; VACANCIES.—Members of the

commission shall be appointed for the life of the commission. A

vacancy in the commission shall not affect its powers, but shall

be filled in the same manner as the original appointment.

(d) INITIAL MEETING.—The commission shall hold its first meeting not later than 30 days after the date on which all members

of the commission have been appointed.

(e) MEETINGS.—The commission shall meet at the call of the

chairman.

(f) QUORUM.—A majority of the members of the commission

shall constitute a quorum, but a lesser number may hold hearings.

(g) CHAIRMAN.—The Secretary shall designate a member of

the commission (other than the commission member who is a cur-
H. R. 5244—16

rent official of the Department of Veterans Affairs) to be chairman

of the commission.

SEC. 402. DUTIES OF THE COMMISSION.

(a) IN GENERAL.—The commission shall carry out a study of

the Department of Veterans Affairs system for the disposition of

claims for veterans benefits.

(b) PURPOSE OF STUDY.—The purpose of the study is to evaluate

the Department of Veterans Affairs system for the disposition of

claims for veterans benefits in order to determine the following:

(1) The efficiency of current processes and procedures under

the system for the adjudication, resolution, review, and final

disposition of claims for veterans benefits, including the effect

of judicial review on the system, and means of increasing the

efficiency of the system.

(2) Means of reducing the number of claims under the

system for which final disposition is pending.

(3) Means of enhancing the ability of the Department of

Veterans Affairs to achieve final determination regarding

claims under the system in a prompt and appropriate manner.

(c) CONTENTS OF STUDY.—The study to be carried out by the

commission under this section is a comprehensive evaluation and

assessment of the Department of Veterans Affairs system for the

disposition of claims for veterans benefits (as defined in section

406) and of the system for the delivery of such benefits, together

with any related issues that the commission determines are relevant

to the study. The study shall include an evaluation and assessment

of the following:

(1) The preparation and submission of claims by veterans

under the system.

(2) The processes and procedures under the system for

the disposition of claims, including—

(A) the scope and nature of the review undertaken

with respect to a claim at each stage in the claims disposition process, including the role of hearings throughout the

process;

(B) the number, Federal employment grade, and experience and qualifications required of the persons undertaking

such review at each such stage;

(C) opportunities for the submittal of new evidence;

and

(D) the availability of alternative means of completing

claims.

(3) The effect on the system of the participation of attorneys, members of veterans service organizations, and other

advocates on behalf of veterans.

(4) The effect on the system of actions taken by the Secretary to modernize the information management system of

the Department, including the use of electronic data management systems.

(5) The effect on the system of any work performance

standards used by the Secretary at regional offices of the

Department and at the Board of Veterans’ Appeals.

(6) The extent of the implementation in the system of

the recommendations of the Blue Ribbon Panel on Claims

Processing submitted to the Committees on Veterans’ Affairs
H. R. 5244—17

of the Senate and House of Representatives on December 2,

1993, and the effect of such implementation on the system. (7) The effectiveness in improving the system of any pilot programs carried out by the Secretary at regional offices of

the Department and of efforts by the Secretary to implement

such programs throughout the system. (8) The effectiveness of the quality control practices and quality assurance practices under the system in achieving the

goals of such practices.

(d) COOPERATION OF SECRETARY.—Upon the request of the

chairman of the commission, the Secretary shall, within 30 days

of such request, submit to the commission, and to the Committees

on Veterans’ Affairs of the Senate and House of Representatives,

such information as the chairman shall determine is necessary

for the commission to carry out the study required under this

section.

(e) REPORTS.—(1) Not later than one year after the date of the enactment of this Act, the commission shall submit to the

Secretary and to the Committees on Veterans’ Affairs of the Senate

and House of Representatives a preliminary report on the study

required under subsection (c). The report shall contain the preliminary findings and conclusions of the commission with respect to

the evaluation and assessment required under the study. (2) Not later than 18 months after such date, the commission

shall submit to the Secretary and to such committees a report

on such study. The report shall include the following: (A) The findings and conclusions of the commission, includ- ing its findings and conclusions with respect to the matters

referred to in subsection (c).

(B) The recommendations of the commission for means

of improving the Department of Veterans Affairs system for

the disposition of claims for veterans benefits. (C) Such other information and recommendations with

respect to the system as the commission considers appropriate.

SEC. 403. POWERS OF THE COMMISSION.

(a) HEARINGS.—The commission may hold such hearings, sit and act at such times and places, take such testimony, and receive

such evidence as the commission considers advisable to carry out

the purposes of this title. (b) INFORMATION FROM FEDERAL AGENCIES.—In addition to the

information referred to in section 402(d), the commission may secure

directly from any Federal department or agency such information

as the commission considers necessary to carry out the provisions

of this title. Upon request of the chairman of the commission,

the head of such department or agency shall furnish such information to the commission.

(c) POSTAL SERVICES.—The commission may use the United

States mails in the same manner and under the same conditions

as other departments and agencies of the Federal Government.

(d) GIFTS.—The commission may accept, use, and dispose of

gifts or donations of services or property.

SEC. 404. COMMISSION PERSONNEL MATTERS.

(a) COMPENSATION OF MEMBERS.—Each member of the commission who is not an officer or employee of the Federal Government

shall be compensated at a rate equal to the daily equivalent of

the annual rate of basic pay prescribed for level IV of the Executive
H. R. 5244—18

Schedule under section 5315 of title 5, United States Code, for

each day (including travel time) during which such member is

engaged in the performance of the duties of the commission. All

members of the commission who are officers or employees of the

United States shall serve without compensation in addition to that

received for their services as officers or employees of the United

States.

(b) TRAVEL EXPENSES.—The members of the commission shall

be allowed travel expenses, including per diem in lieu of subsistence,

at rates authorized for employees of agencies under subchapter

I of chapter 57 of title 5, United States Code, while away from

their homes or regular places of business in the performance of

services for the commission.

(c) STAFF.—(1) The chairman of the commission may, without

regard to the civil service laws and regulations, appoint an executive

director and such other personnel as may be necessary to enable

the commission to perform its duties. The appointment of an executive director shall be subject to approval by the commission.

(2) The chairman of the commission may fix the compensation

of the executive director and other personnel without regard to

the provisions of chapter 51 and subchapter III of chapter 53

of title 5, United States Code, relating to classification of positions

and General Schedule pay rates, except that the rate of pay for

the executive director and other personnel may not exceed the

rate payable for level V of the Executive Schedule under section

5316 of such title.

(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the

chairman of the commission, the head of any Federal department

or agency may detail, on a nonreimbursable basis, any personnel

of the department or agency to the commission to assist it in

carrying out its duties.

(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The chairman of the commission may procure temporary

and intermittent services under section 3109(b) of title 5, United

States Code, at rates for individuals which do not exceed the daily

equivalent of the annual rate of basic pay prescribed for level

V of the Executive Schedule under section 5316 of such title.

SEC. 405. TERMINATION OF THE COMMISSION.

The commission shall terminate 90 days after the date on

which the commission submits its report under section 402(e)(2).

SEC. 406. DEFINITIONS.

For the purposes of this title:

(1) The term ‘‘Department of Veterans Affairs system for

the disposition of claims for veterans benefits’’ means the processes and procedures of the Department of Veterans Affairs

for the adjudication, resolution, review, and final disposition

of claims for benefits under the laws administered by the Secretary.

(2) The term ‘‘Secretary’’ means the Secretary of Veterans

Affairs.

(3) The term ‘‘veterans service organizations’’ means any

organization approved by the Secretary under section 5902(a)

of title 38, United States Code.
H. R. 5244—19

SEC. 407. FUNDING.

(a) FISCAL YEAR 1995.—From amounts appropriated to the

Department of Veterans Affairs for fiscal year 1995 for the payment

of compensation and pension, the amount of $400,000 is hereby

made available for the activities of the commission under this

title.

(b) AVAILABILITY.—Any sums appropriated to the commission shall remain available until expended.

TITLE V—MISCELLANEOUS PROVISIONS

SEC. 501. RESTATEMENT OF INTENT OF CONGRESS CONCERNING

COVERAGE OF RADIATION-EXPOSED VETERANS COMPENSATION ACT OF 1988.

(a) RESTATEMENT OF ABSENCE OF STATUTORY LIMITATION TO

UNITED STATES TESTS.—Clause (i) of section 1112(c)(3)(B) is

amended by inserting ‘‘(without regard to whether the nation

conducting the test was the United States or another nation)’’

after ‘‘nuclear device’’.

(b) PROOF OF SERVICE CONNECTION OF DISABILITIES RELATING

TO EXPOSURE TO IONIZING RADIATION.—(1) Section 1113(b) is

amended—

(A) by striking out ‘‘title or’’ and inserting in lieu thereof ‘‘title,’’; and

(B) by inserting ‘‘, or section 5 of Public Law 98–542 (38 U.S.C. 1154 note)’’ after ‘‘of this section’’.

(2) The amendments made by paragraph (1) shall apply with

respect to applications for veterans benefits that are submitted

to the Secretary of Veterans Affairs after the date of the enactment

of this Act.

SEC. 502. EXTENSION OF AUTHORITY TO MAINTAIN REGIONAL OFFICE

IN THE PHILIPPINES.

Section 315(b) is amended by striking out ‘‘December 31, 1994’’

and inserting in lieu thereof ‘‘December 31, 1999’’.

SEC. 503. RENOUNCEMENT OF BENEFIT RIGHTS.

Section 5306 is amended by adding at the end the following

new subsection:

‘‘(c) Notwithstanding subsection (b), if a new application for

pension under chapter 15 of this title or for dependency and indemnity compensation for parents under section 1315 of this title is

filed within one year after renouncement of that benefit, such

application shall not be treated as an original application and

benefits will be payable as if the renouncement had not occurred.’’.

SEC. 504. CLARIFICATION OF PAYMENT OF ATTORNEY FEES UNDER

CONTINGENT FEE AGREEMENTS.

(a) CLARIFICATION.—Subparagraph (A) of section 5904(d)(2) is

amended to read as follows:

‘‘(A) A fee agreement referred to in paragraph (1) is one under

which the total amount of the fee payable to the attorney—

‘‘(i) is to be paid to the attorney by the Secretary directly

from any past-due benefits awarded on the basis of the claim;

and

‘‘(ii) is contingent on whether or not the matter is resolved

in a manner favorable to the claimant.’’.
H. R. 5244—20

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply with respect to fee agreements entered into on or

after the date of the enactment of this Act.

SEC. 505. CODIFICATION OF HERBICIDE-EXPOSURE PRESUMPTIONS

ESTABLISHED ADMINISTRATIVELY.

Section 1116(a)(2) is amended by adding at the end the following new subparagraphs:

‘‘(D) Hodgkin’s disease becoming manifest to a degree of

disability of 10 percent or more.

‘‘(E) Porphyria cutanea tarda becoming manifest to a degree

of disability of 10 percent or more within a year after the

last date on which the veteran performed active military, naval,

or air service in the Republic of Vietnam during the Vietnam

era.

‘‘(F) Respiratory cancers (cancer of the lung, bronchus,

larynx, or trachea) becoming manifest to a degree of 10 percent

or more within 30 years after the last date on which the

veteran performed active military, naval, or air service in the

Republic of Vietnam during the Vietnam era.

‘‘(G) Multiple myeloma becoming manifest to a degree of

disability of 10 percent or more.’’.

SEC. 506. TREATMENT OF CERTAIN INCOME OF ALASKA NATIVES FOR

PURPOSES OF NEEDS-BASED BENEFITS.

Any receipt by an individual from a Native Corporation under

the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)

of cash, stock, land, or other interests referred to in subparagraphs

(A) through (E) of section 29(c) of that Act (43 U.S.C. 1626(c))

(whether such receipt is attributable to the disposition of real

property, profits from the operation of real property, or otherwise)

shall not be countable as income for purposes of any law administered by the Secretary of Veterans Affairs.

SEC. 507. ELIMINATION OF REQUIREMENT FOR PAYMENT OF CERTAIN

BENEFITS IN PHILIPPINE PESOS.

(a) GENERAL RULE.—The second sentence of each of subsections

(a) and (b) of section 107 is amended—

(1) by striking out ‘‘rate in pesos as is equivalent to’’ and

inserting in lieu thereof ‘‘rate of’’; and (2) by striking out ‘‘rate in Philippine pesos as is equivalent

to’’ and inserting in lieu thereof ‘‘rate of’’.

(b) SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE.— Sections 3532(d) and 3565(b)(1) are amended by striking out ‘‘a

rate in Philippine pesos equivalent to’’ and inserting in lieu thereof

‘‘the rate of’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply with respect to payments made after December 31,

1994.

SEC. 508. STUDY OF HEALTH CONSEQUENCES FOR FAMILY MEMBERS

OF ATOMIC VETERANS OF EXPOSURE OF ATOMIC VETERANS TO IONIZING RADIATION.

(a) INTERAGENCY AGREEMENT.—The Secretary of Veterans

Affairs shall enter into an agreement with the Medical FollowUp Agency of the Institute of the Medicine of the National Academy

of Sciences under which that agency shall convene a panel of
H. R. 5244—21

appropriate individuals to carry out the evaluation described in

subsection (b).

(b) EVALUATION OF FEASIBILITY OF STUDY.—(1) The panel convened under subsection (a) shall evaluate the feasibility of carrying

out a study as described in subsection (c).

(2) The panel shall submit the results of the evaluation under

paragraph (1) to the Secretary not later than 180 days after the

date of the enactment of this Act. The Secretary shall promptly

notify the Committees on Veterans’ Affairs of the Senate and the

House of Representatives of such results.

(c) DESCRIPTION OF STUDY TO BE EVALUATED.—The study

referred to in subsection (b) (the feasibility of which is to be evaluated under that subsection by the panel convened under subsection

(a)) is one which would determine the nature and extent, if any,

of the relationship between the exposure of veterans described

in subsection (d) to ionizing radiation and the following:

(1) Genetic defects and illnesses in the children and grandchildren of such veterans.

(2) Untoward pregnancy outcomes experienced by the wives

of such veterans, including premature births, stillbirths, miscarriages, neonatal illnesses and deaths.

(3) Periparturient diseases of the mother which are the

direct result of such untoward pregnancy outcomes.

(d) COVERED VETERANS.—Subsection (c) applies to—

(1) any veteran who was exposed (as determined by the

Secretary) to ionizing radiation as a result of—

(A) participation while on active duty in the Armed

Forces in an atmospheric nuclear test that included the

detonation of a nuclear device;

(B) service in the Armed Forces with the United States

occupation force of Hiroshima or Nagasaki, Japan, before

July 1, 1946; or

(C) internment or detention as a prisoner of war of

Japan before that date in circumstances providing the

opportunity for exposure to ionizing radiation comparable

to the exposure of individuals who served with such occupation force before that date; and

(2) any other veteran who the Secretary designates for

coverage under the study.

SEC. 509. CENTER FOR MINORITY VETERANS AND CENTER FOR

WOMEN VETERANS.

(a) IN GENERAL.—Chapter 3 is amended by striking out section

317 and inserting in lieu thereof the following new sections:

‘‘§ 317. Center for Minority Veterans

‘‘(a) There is in the Department a Center for Minority Veterans.

There is at the head of the Center a Director.

‘‘(b) The Director shall be a noncareer appointee in the Senior

Executive Service. The Director shall be appointed for a term of

six years.

‘‘(c) The Director reports directly to the Secretary or the Deputy

Secretary concerning the activities of the Center.

‘‘(d) The Director shall perform the following functions with

respect to veterans who are minorities:
H. R. 5244—22

‘‘(1) Serve as principal adviser to the Secretary on the

adoption and implementation of policies and programs affecting

veterans who are minorities.

‘‘(2) Make recommendations to the Secretary, the Under

Secretary for Health, the Under Secretary for Benefits, and

other Department officials for the establishment or improvement of programs in the Department for which veterans who

are minorities are eligible.

‘‘(3) Promote the use of benefits authorized by this title

by veterans who are minorities and the conduct of outreach

activities to veterans who are minorities, in conjunction with

outreach activities carried out under chapter 77 of this title.

‘‘(4) Disseminate information and serve as a resource center

for the exchange of information regarding innovative and

successful programs which improve the services available to

veterans who are minorities.

‘‘(5) Conduct and sponsor appropriate social and demographic research on the needs of veterans who are minorities

and the extent to which programs authorized under this title

meet the needs of those veterans, without regard to any law

concerning the collection of information from the public.

‘‘(6) Analyze and evaluate complaints made by or on behalf

of veterans who are minorities about the adequacy and timeliness of services provided by the Department and advise the

appropriate official of the Department of the results of such

analysis or evaluation.

‘‘(7) Consult with, and provide assistance and information

to, officials responsible for administering Federal, State, local,

and private programs that assist veterans, to encourage those

officials to adopt policies which promote the use of those programs by veterans who are minorities.

‘‘(8) Advise the Secretary when laws or policies have the

effect of discouraging the use of benefits by veterans who are

minorities.

‘‘(9) Publicize the results of medical research which are

of particular significance to veterans who are minorities.

‘‘(10) Perform such other duties consistent with this section

as the Secretary shall prescribe.

‘‘(e) The Secretary shall ensure that the Director is furnished

sufficient resources to enable the Director to carry out the functions

of the Center in a timely manner.

‘‘(f) The Secretary shall include in documents submitted to

Congress by the Secretary in support of the President’s budget

for each fiscal year—

‘‘(1) detailed information on the budget for the Center;

‘‘(2) the Secretary’s opinion as to whether the resources

(including the number of employees) proposed in the budget

for that fiscal year are adequate to enable the Center to comply

with its statutory and regulatory duties; and

‘‘(3) a report on the activities and significant accomplishments of the Center during the preceding fiscal year.

‘‘§ 318. Center for Women Veterans

‘‘(a) There is in the Department a Center for Women Veterans.

There is at the head of the Center a Director.
H. R. 5244—23

‘‘(b) The Director shall be a noncareer appointee in the Senior

Executive Service. The Director shall be appointed for a term of

six years.

‘‘(c) The Director reports directly to the Secretary or the Deputy

Secretary concerning the activities of the Center.

‘‘(d) The Director shall perform the following functions with

respect to veterans who are women:

‘‘(1) Serve as principal adviser to the Secretary on the

adoption and implementation of policies and programs affecting

veterans who are women.

‘‘(2) Make recommendations to the Secretary, the Under

Secretary for Health, the Under Secretary for Benefits, and

other Department officials for the establishment or improvement of programs in the Department for which veterans who

are women are eligible.

‘‘(3) Promote the use of benefits authorized by this title

by veterans who are women and the conduct of outreach activities to veterans who are women, in conjunction with outreach

activities carried out under chapter 77 of this title.

‘‘(4) Disseminate information and serve as a resource center

for the exchange of information regarding innovative and

successful programs which improve the services available to

veterans who are women.

‘‘(5) Conduct and sponsor appropriate social and demographic research on the needs of veterans who are women

and the extent to which programs authorized under this title

meet the needs of those veterans, without regard to any law

concerning the collection of information from the public. ‘‘(6) Analyze and evaluate complaints made by or on behalf

of veterans who are women about the adequacy and timeliness

of services provided by the Department and advise the appropriate official of the Department of the results of such analysis

or evaluation.

‘‘(7) Consult with, and provide assistance and information

to, officials responsible for administering Federal, State, local,

and private programs that assist veterans, to encourage those

officials to adopt policies which promote the use of those programs by veterans who are women. ‘‘(8) Advise the Secretary when laws or policies have the

effect of discouraging the use of benefits by veterans who are

women.

‘‘(9) Publicize the results of medical research which are

of particular significance to veterans who are women. ‘‘(10) Advise the Secretary and other appropriate officials

on the effectiveness of the Department’s efforts to accomplish

the goals of section 492B of the Public Health Service Act

(relating to the inclusion of women and minorities in clinical

research) and of particular health conditions affecting women’s

health which should be studied as part of the Department’s

medical research program and promote cooperation between

the Department and other sponsors of medical research of

potential benefit to veterans who are women.

‘‘(11) Provide support and administrative services to the

Advisory Committee on Women Veterans established under

section 542 of this title.

‘‘(12) Perform such other duties consistent with this section

as the Secretary shall prescribe.
H. R. 5244—24

‘‘(e) The Secretary shall ensure that the Director is furnished sufficient resources to enable the Director to carry out the functions

of the Center in a timely manner. ‘‘(f) The Secretary shall include in documents submitted to Congress by the Secretary in support of the President’s budget

for each fiscal year— ‘‘(1) detailed information on the budget for the Center;

‘‘(2) the Secretary’s opinion as to whether the resources (including the number of employees) proposed in the budget

for that fiscal year are adequate to enable the Center to comply

with its statutory and regulatory duties; and ‘‘(3) a report on the activities and significant accomplish- ments of the Center during the preceding fiscal year.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the begin- ning of such chapter is amended by striking out the item relating

to section 317 and inserting in lieu thereof the following new

items:

‘‘317. Center for Minority Veterans.

‘‘318. Center for Women Veterans.’’.

SEC. 510. ADVISORY COMMITTEE ON MINORITY VETERANS.

(a) ESTABLISHMENT.—Subchapter III of chapter 5 is amended

by adding at the end the following new section:

‘‘§ 544. Advisory Committee on Minority Veterans

‘‘(a)(1) The Secretary shall establish an advisory committee to be known as the Advisory Committee on Minority Veterans

(hereinafter in this section referred to as ‘the Committee’).

‘‘(2)(A) The Committee shall consist of members appointed by the Secretary from the general public, including— ‘‘(i) representatives of veterans who are minority group members;

‘‘(ii) individuals who are recognized authorities in fields pertinent to the needs of veterans who are minority group

members;

‘‘(iii) veterans who are minority group members and who have experience in a military theater of operations; and ‘‘(iv) veterans who are minority group members and who do not have such experience.

‘‘(B) The Committee shall include, as ex officio members, the

following:‘‘(i) The Secretary of Labor (or a representative of the Secretary of Labor designated by the Secretary after consultation with the Assistant Secretary of Labor for Veterans’ Employment).

‘‘(ii) The Secretary of Defense (or a representative of the Secretary of Defense designated by the Secretary of Defense). ‘‘(iii) The Secretary of the Interior (or a representative of the Secretary of the Interior designated by the Secretary

of the Interior).

‘‘(iv) The Secretary of Commerce (or a representative of the Secretary of Commerce designated by the Secretary of

Commerce).

‘‘(v) The Secretary of Health and Human Services (or a representative of the Secretary of Health and Human Services

designated by the Secretary of Health and Human Services).

‘‘(vi) The Under Secretary for Health and the Under Secretary for Benefits, or their designees.
H. R. 5244—25

‘‘(C) The Secretary may invite representatives of other departments and agencies of the United States to participate in the

meetings and other activities of the Committee.

‘‘(3) The Secretary shall determine the number, terms of service,

and pay and allowances of members of the Committee appointed

by the Secretary, except that a term of service of any such member

may not exceed three years. The Secretary may reappoint any

such member for additional terms of service.

‘‘(4) The Committee shall meet as often as the Secretary considers necessary or appropriate, but not less often than twice each

fiscal year.

‘‘(b) The Secretary shall, on a regular basis, consult with and

seek the advice of the Committee with respect to the administration

of benefits by the Department for veterans who are minority group

members, reports and studies pertaining to such veterans and the

needs of such veterans with respect to compensation, health care,

rehabilitation, outreach, and other benefits and programs administered by the Department.

‘‘(c)(1) Not later than July 1 of each year, the Committee

shall submit to the Secretary a report on the programs and activities

of the Department that pertain to veterans who are minority group

members. Each such report shall include—

‘‘(A) an assessment of the needs of veterans who are minority group members with respect to compensation, health care,

rehabilitation, outreach, and other benefits and programs

administered by the Department;

‘‘(B) a review of the programs and activities of the Department designed to meet such needs; and

‘‘(C) such recommendations (including recommendations for

administrative and legislative action) as the Committee considers appropriate.

‘‘(2) The Secretary shall, within 60 days after receiving each

report under paragraph (1), submit to Congress a copy of the

report, together with any comments concerning the report that

the Secretary considers appropriate.

‘‘(3) The Committee may also submit to the Secretary such

other reports and recommendations as the Committee considers

appropriate.

‘‘(4) The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary

of all reports and recommendations of the Committee submitted

to the Secretary since the previous annual report of the Secretary

submitted pursuant to such section.

‘‘(d) In this section, the term ‘minority group member’ means

an individual who is—

‘‘(1) Asian American;

‘‘(2) Black;

‘‘(3) Hispanic;

‘‘(4) Native American (including American Indian, Alaskan

Native, and Native Hawaiian); or

‘‘(5) Pacific-Islander American.

‘‘(e) The Committee shall cease to exist December 31, 1997.’’.
H. R. 5244—26

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding after the item relating

to section 543 the following new item:

‘‘544. Advisory Committee on Minority Veterans.’’.

SEC. 511. MAILING OF NOTICES OF APPEAL TO THE COURT OF VETERANS APPEALS.

(a) IN GENERAL.—Section 7266(a) is amended to read as follows:

‘‘(a)(1) In order to obtain review by the Court of Veterans

Appeals of a final decision of the Board of Veterans’ Appeals,

a person adversely affected by such decision shall file a notice

of appeal with the Court within 120 days after the date on which

notice of the decision is mailed pursuant to section 7104(e) of

this title.

‘‘(2) An appellant shall file a notice of appeal under this section

by delivering or mailing the notice to the Court. ‘‘(3) A notice of appeal shall be deemed to be received by

the Court as follows:

‘‘(A) On the date of receipt by the Court, if the notice

is delivered.

‘‘(B) On the date of the United States Postal Service postmark stamped on the cover in which the notice is posted,

if the notice is properly addressed to the Court and is mailed.

‘‘(4) For a notice of appeal mailed to the Court to be deemed

to be received under paragraph (3)(B) on a particular date, the

United States Postal Service postmark on the cover in which the

notice is posted must be legible. The Court shall determine the

legibility of any such postmark and the Court’s determination as

to legibility shall be final and not subject to review by any other

Court.’’.

(b) APPLICATION.—The amendment made by subsection (a) shall

take effect on the date of the enactment of this Act and shall

apply to notices of appeal that are delivered or mailed to the

United States Court of Veterans Appeals on or after that date.

TITLE VI—EDUCATION AND TRAINING

PROGRAMS

SEC. 601. FLIGHT TRAINING.

(a) ACTIVE DUTY PROGRAM.—Section 3034(d) is amended—

(1) by striking out paragraph (2);

(2) by striking out ‘‘(1)’’ after ‘‘(d)’’; and

(3) by redesignating subparagraphs (A), (B), and (C) as

paragraphs (1), (2), and (3), respectively.

(b) POST-VIETNAM ERA.—Section 3241(b) is amended—

(1) by striking out paragraph (2);

(2) by striking out ‘‘(1)’’ after ‘‘(b)’’; and

(3) by redesignating subparagraphs (A), (B), and (C) as

paragraphs (1), (2), and (3), respectively.

(c) RESERVE PROGRAM.—Section 2136(c) of title 10, United

States Code, is amended—

(1) by striking out paragraph (2);

(2) by striking out ‘‘(1)’’ after ‘‘(c)’’; and

(3) by redesignating subparagraphs (A), (B), and (C) as

paragraphs (1), (2), and (3), respectively.
H. R. 5244—27

(d) EFFECTIVE DATE.—The amendments made by this section

shall take effect as of October 1, 1994.

SEC. 602. TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES.

(a) REHABILITATION RESOURCES.—Section 3115 is amended—

(1) in subsection (a)—

(A) in paragraph (1)—

(i) by striking out ‘‘or’’ after ‘‘(including the Department of Veterans Affairs),’’; and

(ii) by inserting ‘‘or of any federally recognized

Indian tribe,’’ after ‘‘financial assistance,’’; and

(B) in paragraph (4), by inserting ‘‘any federally recognized Indian tribe,’’ after ‘‘contributions,’’; and

(2) by adding at the end the following:

‘‘(c) For purposes of this section, the term ‘federally recognized

Indian tribe’ means any Indian tribe, band, nation, pueblo, or

other organized group or community, including any Alaska Native

village or regional corporation as defined in or established pursuant

to the Alaska Native Claims Settlement Act, which is recognized

as eligible for the special programs and services provided by the

United States to Indians because of their status as Indians.’’.

(b) ALLOWANCES.—Section 3108(c)(2) is amended by inserting

‘‘or federally recognized Indian tribe’’ after ‘‘local government

agency’’.

(c) TECHNICAL CORRECTION.—(1) Section 404(b) of the Veterans’

Benefits Act of 1992 (106 Stat. 4338) is amended by striking out

the period at the end and inserting in lieu thereof ‘‘, but shall

not apply to veterans and other persons who originally applied

for assistance under chapter 31 of title 38, United States Code,

before November 1, 1990.’’.

(2) The amendment made by paragraph (1) shall take effect

as of October 29, 1992.

SEC. 603. ALTERNATIVE TEACHER CERTIFICATION PROGRAMS.

(a) IN GENERAL.—Section 3452(c) is amended by adding at

the end the following: ‘‘For the period ending on September 30,

1996, such term includes any entity that provides training required

for completion of any State-approved alternative teacher certification program (as determined by the Secretary).’’. (b) CLARIFYING AMENDMENT.—Section 3002 is amended by adding at the end the following new paragraph: ‘‘(8) The term ‘educational institution’ has the meaning given such term in section 3452(c) of this title.’’.

SEC. 604. EDUCATION OUTSIDE THE UNITED STATES.

(a) IN GENERAL.—The first sentence of section 3476 is amended

to read as follows: ‘‘An eligible veteran may not enroll in any

course offered by an educational institution not located in a State

unless that educational institution is an approved institution of

higher learning and the course is approved by the Secretary.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply with respect to courses approved on or after the date

of the enactment of this Act.

SEC. 605. CORRESPONDENCE COURSES.

(a) APPROVAL OF PROGRAMS OF EDUCATION.—(1) Section 3672

is amended by adding at the end the following new subsection:
H. R. 5244—28

‘‘(e) A program of education exclusively by correspondence, and the correspondence portion of a combination correspondence-residence course leading to a vocational objective, that is offered by

an educational institution (as defined in section 3452(c) of this

title) may be approved only if (1) the educational institution is

accredited by an entity recognized by the Secretary of Education,

and (2) at least 50 percent of those pursuing such a program

or course require six months or more to complete the program

or course.’’.

(2)(A) Section 3675(a)(2)(B) is amended by striking out ‘‘A State’’ and inserting in lieu thereof ‘‘Except as provided in section 3672(e)

of this title, a State’’.

(B) Section 3680(a) is amended—

(i) by inserting ‘‘or’’ at the end of paragraph (2);

(ii) by striking out ‘‘; or’’ at the end of paragraph (3) and inserting in lieu thereof a period; and (iii) by striking out paragraph (4).

(C) Section 3686(c) is amended by striking out ‘‘(other than

one subject to the provisions of section 3676 of this title)’’.

(b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply with respect to programs of education exclusively

by correspondence and to correspondence-residence courses

commencing more than 90 days after the date of the enactment

of this Act.

SEC. 606. STATE APPROVING AGENCIES.

(a) REIMBURSEMENT.—(1) Section 3674(a)(4) is amended by

striking out ‘‘$12,000,000’’ each place it appears and inserting in

lieu thereof ‘‘$13,000,000’’.

(2) The amendments made by subsection (a) shall apply with

respect to services provided under such section after September

30, 1994.

(b) ELIMINATION OF REQUIREMENT FOR QUARTERLY REPORT TO

CONGRESS.—Section 3674(a)(3) is amended—

(1) by striking out subparagraph (B); and

(2) by striking out ‘‘(A)’’ after ‘‘(3)’’.

(c) EVALUATION OF AGENCY PERFORMANCE.—Section 3674A is

amended—

(1) in subsection (a)—

(A) by striking out paragraph (3); and

(B) by redesignating paragraphs (4) and (5) as para- graphs (3) and (4), respectively; and

(2) in subsection (b)—

(A) by striking out ‘‘subsection (a)(5) of this section’’

both places it appears and inserting in lieu thereof ‘‘subsection (a)(4)’’; and

(B) by inserting ‘‘of this title’’ after ‘‘section 3674(a)’’

both places it appears.

SEC. 607. MEASUREMENT OF COURSES.

Section 3688(b) is amended—

(1) by striking out ‘‘this chapter or’’ and inserting in lieu

thereof ‘‘this chapter,’’; and

(2) by inserting before the period at the end thereof the

following: ‘‘, or chapter 106 of title 10’’.

SEC. 608. VETERANS’ ADVISORY COMMITTEE ON EDUCATION.

Section 3692 is amended—
H. R. 5244—29

(1) in the first sentence of subsection (a)—

(A) by striking out ‘‘34,’’; and

(B) by inserting ‘‘and chapter 106 of title 10’’ before the period at the end;

(2) in the first sentence of subsection (b), by striking out ‘‘this chapter’’ and all that follows through ‘‘of this title’’ and

inserting in lieu thereof ‘‘this chapter, chapter 30, 32, and

35 of this title, and chapter 106 of title 10’’; and (3) in subsection (c), by striking out ‘‘December 31, 1994’’ and inserting in lieu thereof ‘‘December 31, 2003’’.

SEC. 609. CONTRACT EDUCATIONAL AND VOCATIONAL COUNSELING.

(a) PAYMENT LIMITATION.—Section 3697(b) is amended by strik- ing out ‘‘$5,000,000’’ and inserting in lieu thereof ‘‘$6,000,000’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on October 1, 1994.

SEC. 610. SERVICE MEMBERS OCCUPATIONAL CONVERSION AND

TRAINING ACT OF 1992.

(a) PERIOD OF TRAINING.—(1) Section 4485(d) of the Service

Members Occupational Conversion and Training Act of 1992 (106

Stat. 2759; 10 U.S.C. 1143 note) is amended by striking out ‘‘or

more than 18 months’’.

(2)(A) Section 4486(d)(2) of such Act (102 Stat. 2760; 10 U.S.C.

1143 note) is amended by striking out the period at the end thereof

and inserting in lieu thereof the following: ‘‘in the community

for the entire period of training of the eligible person.’’. (B) The amendment made by subparagraph (A) shall apply with respect to programs of training under the Service Members

Occupational Conversion and Training Act of 1992 beginning after

the date of the enactment of this Act.

(b) PAYMENTS.—Section 4487 of such Act (106 Stat. 2762; 10

U.S.C. 1143 note) is amended—

(1) in subsection (a)(1)—

(A) by striking out ‘‘subparagraph (B)’’ in subparagraph (A) and inserting in lieu thereof ‘‘subparagraphs (B) and

(C)’’;

(B) by inserting before the period at the end of subpara- graph (A) the following: ‘‘but in no event to exceed hours

equivalent to 18 months of training’’; and (C) by adding at the end the following new subpara- graph: ‘‘(C) Assistance may be paid under this subtitle on behalf of an eligible person to that person’s employer for training under

two or more programs of job training under this subtitle if such

employer has not received (or is not due) on that person’s behalf

assistance in an amount aggregating the applicable amount set

forth in subparagraph (B).’’; and (2) in subsection (b)(3), by inserting before the period at

the end thereof ‘‘, or upon the completion of the 18th month

of training under the last training program approved for the

person’s pursuit with that employer under this subtitle, whichever is earlier’’.

(c) ENTRY INTO PROGRAM OF JOB TRAINING.—Section 4488(a)

of such Act (106 Stat. 2764; 10 U.S.C. 1143 note) is amended

by striking out the third sentence thereof and inserting in lieu

thereof ‘‘The eligible person may begin such program of job training

with the employer on the day that notice is transmitted to such
H. R. 5244—30

official by means prescribed by such official. However, assistance

under this subtitle may not be provided to the employer if such

official, within two weeks after the date on which such notice

is transmitted, disapproves the eligible person’s entry into that

program of job training in accordance with this section.’’.

TITLE VII—EMPLOYMENT PROGRAMS

SEC. 701. JOB COUNSELING, TRAINING, AND PLACEMENT.

(a) DEPUTY ASSISTANT SECRETARY OF LABOR FOR VETERANS’

EMPLOYMENT AND TRAINING.—Section 4102A(a) is amended—

(1) by striking out ‘‘(1)’’ and ‘‘(2)’’ and inserting in lieu

thereof ‘‘(A)’’ and ‘‘(B)’’, respectively;

(2) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

(3) by adding at the end the following:

‘‘(2) There shall be within the Department of Labor a Deputy

Assistant Secretary of Labor for Veterans’ Employment and Training. The Deputy Assistant Secretary shall perform such functions

as the Assistant Secretary of Labor for Veterans’ Employment and

Training prescribes. The Deputy Assistant Secretary shall be a

veteran.’’.

(b) DVOP SPECIALISTS COMPENSATION RATES.—Section

4103A(a)(1) is amended by striking out ‘‘a rate not less than the

rate prescribed for an entry level professional’’ and inserting in

lieu thereof ‘‘rates comparable to those paid other professionals

performing essentially similar duties’’.

(c) SPECIAL UNEMPLOYMENT STUDY.—Subsection (a) of section

4110A is amended to read as follows:

‘‘(a)(1) The Secretary, through the Bureau of Labor Statistics,

shall conduct a study every two years of unemployment among

each of the following categories of veterans:

‘‘(A) Special disabled veterans.

‘‘(B) Veterans of the Vietnam era who served in the Vietnam theater of operations during the Vietnam era.

‘‘(C) Veterans who served on active duty during the Vietnam era who did not serve in the Vietnam theater of operations.

‘‘(D) Veterans who served on active duty after the Vietnam

era.

‘‘(E) Veterans discharged or released from active duty

within four years of the applicable study.

‘‘(2) Within each of the categories of veterans specified in paragraph (1), the Secretary shall include a separate category for women

who are veterans.

‘‘(3) The Secretary shall promptly submit to Congress a report

on the results of each study under paragraph (1).’’.

SEC. 702. EMPLOYMENT AND TRAINING OF VETERANS.

(a) FEDERAL CONTRACTS.—Section 4212(a) is amended by striking out ‘‘all of its suitable employment openings,’’ in clause (1)

of the third sentence and inserting in lieu thereof ‘‘all of its employment openings except that the contractor may exclude openings

for executive and top management positions, positions which are

to be filled from within the contractor’s organization, and positions

lasting three days or less,’’.
H. R. 5244—31

(b) ELIGIBILITY REQUIREMENTS FOR VETERANS UNDER FEDERAL

EMPLOYMENT AND TRAINING PROGRAMS.—Section 4213 is amended—

(1) by striking out ‘‘chapters 11, 13, 31, 34, 35, and 36

of this title by an eligible veteran and’’ and inserting in lieu

thereof ‘‘chapters 11, 13, 30, 31, 35, and 36 of this title by

an eligible veteran,’’;

(2) by inserting ‘‘and any amounts received by an eligible

person under chapter 106 of title 10,’’ after ‘‘chapters 13 and

35 of such title, and’’; and

(3) by striking out ‘‘the needs or qualifications of participants in’’ and inserting in lieu thereof ‘‘eligibility under’’.

TITLE VIII—CEMETERIES AND

MEMORIAL AFFAIRS

SEC. 801. ELIGIBILITY FOR BURIAL IN NATIONAL CEMETERIES OF

SPOUSES WHO PREDECEASE VETERANS.

Section 2402(5) is amended by inserting ‘‘spouse,’’ after ‘‘The’’.

SEC. 802. RESTORATION OF BURIAL ELIGIBILITY FOR UNREMARRIED

SPOUSES.

Section 2402(5), as amended by section 801, is further amended by inserting after ‘‘surviving spouse’’ the following: ‘‘(which for

purposes of this chapter includes an unremarried surviving spouse

who had a subsequent remarriage which was terminated by death

or divorce)’’.

SEC. 803. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR

STATE CEMETERY GRANT PROGRAM.

Paragraph (2) of section 2408(a) is amended by striking out

‘‘nine’’ and inserting in lieu thereof ‘‘fourteen’’.

SEC. 804. AUTHORITY TO USE FLAT GRAVE MARKERS AT THE WILLAMETTE NATIONAL CEMETERY, OREGON.

Notwithstanding section 2404(c)(2) of title 38, United States

Code, the Secretary of Veterans Affairs may provide for flat grave

markers at the Willamette National Cemetery, Oregon.

TITLE IX—HOUSING PROGRAMS

SEC. 901. ELIGIBILITY.

(a) RESERVISTS DISCHARGED BECAUSE OF A SERVICE-CONNECTED

DISABILITY.—Section 3701(b)(5)(A) is amended—

(1) by inserting ‘‘(i)’’ before ‘‘who has’’; and

(2) by striking out the period at the end and inserting in lieu thereof ‘‘, or (ii) who was discharged or released from

the Selected Reserve before completing 6 years of service

because of a service-connected disability.’’.

(b) SURVIVING SPOUSES OF RESERVISTS WHO DIED WHILE IN

ACTIVE MILITARY, NAVAL, OR AIR SERVICE.—The second sentence

of section 3701(b)(2) is amended—

(1) by inserting ‘‘or service in the Selected Reserve’’ after

‘‘duty’’ each place it appears; and
H. R. 5244—32

(2) by striking out ‘‘spouse shall’’ and inserting in lieu thereof ‘‘deceased spouse shall’’.

SEC. 902. REVISION IN COMPUTATION OF AGGREGATE GUARANTY.

Section 3702(b) is amended—

(1) in the matter preceding paragraph (1), by striking out ‘‘loan, if—’’ and inserting in lieu thereof ‘‘loan under the following circumstances:’’; (2) in paragraph (1)— (A) by striking out ‘‘the property’’ at the beginning of subparagraph (A) and inserting in lieu thereof ‘‘The

property’’; (B) by striking out the semicolon at the end and insert- ing in lieu thereof a period;

(3) in paragraph (2)— (A) by striking out ‘‘a veteran-transferee’’ at the begin- ning and inserting in lieu thereof ‘‘A veteran-transferee’’; (B) by striking out ‘‘; or’’ at the end and inserting in lieu thereof a period;

(4) in paragraph (3), by striking out ‘‘the loan’’ at the

beginning of subparagraph (A) and inserting in lieu thereof

‘‘The loan’’;

(5) by inserting after paragraph (3) the following new paragraph:

‘‘(4) In a case not covered by paragraph (1) or (2)—

‘‘(A) the loan has been repaid in full and, if the Secretary has suffered a loss on the loan, the loss has been

paid in full; or

‘‘(B) the Secretary has been released from liability as

to the loan and, if the Secretary has suffered a loss on

the loan, the loss has been paid in full.’’;

(6) in the last sentence, by striking out ‘‘clause (1) of

the preceding sentence’’ and inserting in lieu thereof ‘‘paragraph

(1)’’; and

(7) by adding at the end the following new sentence: ‘‘The

authority of the Secretary under this subsection to exclude

an amount of guaranty or insurance housing loan entitlement

previously used by a veteran may be exercised only once for

that veteran under the authority of paragraph (4).’’.

SEC. 903. PUBLIC AND COMMUNITY WATER AND SEWERAGE SYSTEMS.

Section 3704 is amended—

(1) by striking out subsection (e); and

(2) by redesignating subsections (f) and (g) as subsections

(e) and (f), respectively.

SEC. 904. AUTHORITY TO GUARANTEE HOME REFINANCE LOANS FOR

ENERGY EFFICIENCY IMPROVEMENTS.

(a) LOANS.—Section 3710(a) is amended by inserting after para- graph (10) the following new paragraph: ‘‘(11) To refinance in accordance with subsection (e) an

existing loan guaranteed, insured, or made under this chapter,

and to improve the dwelling securing such loan through energy

efficiency improvements, as provided in subsection (d).’’.

(b) AMOUNT OF GUARANTY.—Section 3710(e)(1) is amended—

(1) in the matter preceding subparagraph (A), by inserting

‘‘or for the purpose specified in subsection (a)(11)’’ after ‘‘subsection (a)(8)’’; and
H. R. 5244—33

(2) in subparagraph (C), by striking out ‘‘may not exceed’’

and all that follows in such subparagraph and inserting in

lieu thereof ‘‘may not exceed—

‘‘(i) an amount equal to the sum of the balance of

the loan being refinanced and such closing costs (including

any discount permitted pursuant to section 3703(c)(3)(A)

of this title) as may be authorized by the Secretary (under

regulations which the Secretary shall prescribe) to be

included in the loan; or

‘‘(ii) in the case of a loan for the purpose specified

in subsection (a)(11), an amount equal to the sum of the

amount referred to with respect to the loan under clause

(i) and the amount specified under subsection (d)(2);’’.

(c) FEE.—Section 3729(a)(2)(E) is amended by inserting

‘‘3710(a)(11),’’ after ‘‘3710(a)(9)(B)(i),’’.

SEC. 905. AUTHORITY TO GUARANTEE LOANS TO REFINANCE ADJUSTABLE RATE MORTGAGES TO FIXED RATE MORTGAGES.

Section 3710(e)(1)(A) is amended by inserting before the semicolon at the end the following: ‘‘or, in a case in which the loan

is a fixed rate loan and the loan being refinanced is an adjustable

rate loan, the loan bears interest at a rate that is agreed upon

by the veteran and the mortgagee’’.

SEC. 906. MANUFACTURED HOME LOAN INSPECTIONS.

(a) CERTIFICATION OF CONFORMITY WITH STANDARDS.—Paragraph (2) of subsection (h) of section 3712 is amended to read

as follows:

‘‘(2) Any manufactured housing unit properly displaying a certification of conformity to all applicable Federal manufactured home

construction and safety standards pursuant to section 616 of the

National Manufactured Housing Construction and Safety Standards

Act of 1974 (42 U.S.C. 5415) shall be deemed to meet the standards

required by paragraph (1).’’. (b) REPEAL OF INSPECTION REQUIREMENTS.—Subsection (j) of

such section is amended by striking out ‘‘in the case of’’ the first

place it appears and all that follows and inserting in lieu thereof

‘‘in the case of—

‘‘(1) manufactured homes constructed by a manufacturer

who fails or is unable to discharge the manufacturer’s obligations under the warranty; ‘‘(2) manufactured homes which are determined by the

Secretary not to conform to the standards provided for in subsection (h); or

‘‘(3) a manufacturer of manufactured homes who has

engaged in procedures or practices determined by the Secretary

to be unfair or prejudicial to veterans or the Government.’’.

(c) ELIMINATION OF REPORTING REQUIREMENT.—Subsection (l)

of such section is amended—

(1) by striking out ‘‘the results of inspections required

by subsection (h) of this section,’’; and

(2) by striking out ‘‘of this section,’’.

SEC. 907. PROCEDURES ON DEFAULT.

(a) IN GENERAL.—Paragraph (7) of section 3732(c) is amended—

(1) in the matter preceding subparagraph (A), by striking

out ‘‘that was the minimum amount for which, under applicable
H. R. 5244—34

State law, the property was permitted to be sold at the liquidation sale’’;

(2) in subparagraph (A)—

(A) by striking out ‘‘the Secretary may accept conveyance of the property to the United States for a price not

exceeding’’ and inserting in lieu thereof ‘‘(i) the amount

was the minimum amount for which, under applicable State

law, the property was permitted to be sold at the liquidation

sale, the holder shall have the option to convey the property

to the United States in return for payment by the Secretary

of an amount equal to’’; and

(B) by striking out ‘‘and’’ after ‘‘loan;’’ and inserting

in lieu thereof ‘‘or’’;

(C) by adding at the end the following:

‘‘(ii) there was no minimum amount for which the property

had to be sold at the liquidation sale under applicable State

law, the holder shall have the option to convey the property

to the United States in return for payment by the Secretary

of an amount equal to the lesser of such net value or total

indebtedness; and’’; and

(3) in subparagraph (B), by striking out ‘‘paragraph (6)(B)’’

and inserting in lieu thereof ‘‘paragraph (6)’’.

(b) CONFORMING AMENDMENT.—Paragraph (6) of such section

is amended—

(1) by striking out ‘‘either’’;

(2) by striking out ‘‘sale or acquires’’ and all that follows

through ‘‘(B) the’’ and inserting in lieu thereof ‘‘sale, the’’;

and

(3) by redesignating clauses (i) and (ii) as clauses (A) and (B), respectively.

SEC. 908. MINIMUM ACTIVE-DUTY SERVICE REQUIREMENT.

Subparagraph (F) of section 5303A(b)(3) is amended by inserting ‘‘or chapter 37’’ after ‘‘chapter 30’’ in the matter preceding

clause (i).

TITLE X—HOMELESS VETERANS

PROGRAMS

SEC. 1001. REPORTS ON ACTIVITIES OF THE DEPARTMENT OF VETERANS AFFAIRS TO ASSIST HOMELESS VETERANS.

(a) ANNUAL REPORT.—(1) Not later than April 15 of each year,

the Secretary of Veterans Affairs shall submit to the Committees

on Veterans’ Affairs of the Senate and House of Representatives

a report on the activities of the Department of Veterans Affairs

during the year preceding the report under programs of the Department for the provision of assistance to homeless veterans.

(2) The report shall—

(A) set forth the number of homeless veterans provided

assistance under those programs;

(B) describe the cost to the Department of providing such

assistance under those programs; and

(C) provide any other information on those programs and

on the provision of such assistance that the Secretary considers

appropriate.
H. R. 5244—35

(b) BI-ANNUAL REQUIREMENT.—The Secretary shall include in

the report submitted under subsection (a)(1) in 1995, and every

two years thereafter, an evaluation of the effectiveness of the programs of the Department in providing assistance to homeless veterans.

(c) CONFORMING REPEAL.—Section 10 of Public Law 102–590

(106 Stat. 5141; 37 U.S.C. 7721 note) is repealed.

SEC. 1002. REPORT ON ASSESSMENT AND PLANS FOR RESPONSE TO

NEEDS OF HOMELESS VETERANS.

(a) UPDATE OF ASSESSMENT.—Subsection (b) of section 107 of

the Veterans’ Medical Programs Amendments of 1992 (Public Law

102–405; 106 Stat. 1977; 38 U.S.C. 527 note) is amended by adding

at the end the following new paragraph:

‘‘(6) The Secretary shall require that the directors referred

to in paragraph (1) update the assessment required under that

paragraph during each of 1995, 1996, and 1997.’’.

(b) REPORTS ON ASSESSMENTS AND PLAN.—Subsection (i) of

such section (106 Stat. 1978) is amended—

(1) by striking out ‘‘REPORT.—’’ and inserting in lieu thereof

‘‘REPORTS.—(1)’’; and

(2) by adding at the end the following:

‘‘(2) Not later than December 31, 1994, the Secretary shall

submit to such committees a report that—

‘‘(A) describes the results of the assessment carried out

under subsection (b);

‘‘(B) sets forth the lists developed under paragraph (1)

of subsection (c); and

‘‘(C) describes the progress, if any, made by the directors

of the medical centers and the directors of the benefits offices

referred to in such subsection (c) in developing the plan referred

to in paragraph (2) of such subsection (c).

‘‘(3) Not later than December 31 of each of 1995, 1996, and

1997, the Secretary shall submit to such committees a report that

describes the update to the assessment that is carried out under

subsection (b)(6) in the year preceding the report.’’.

SEC. 1003. INCREASE IN NUMBER OF DEMONSTRATION PROGRAMS

UNDER HOMELESS VETERANS COMPREHENSIVE SERVICE

PROGRAMS ACT OF 1992.

Section 2(b) of the Homeless Veterans Comprehensive Service

Programs Act of 1992 (38 U.S.C. 7721 note) is amended in the

first sentence by striking out ‘‘four’’ and inserting in lieu thereof

‘‘eight’’.

SEC. 1004. REMOVAL OF FUNDING REQUIREMENT OF HOMELESS VETERANS COMPREHENSIVE SERVICE PROGRAMS ACT OF

1992.

Section 12 of the Homeless Veterans Comprehensive Service

Programs Act of 1992 (38 U.S.C. 7721 note) is amended by striking

out the second sentence.

SEC. 1005. SENSE OF CONGRESS.

It is the sense of Congress that—

(1) of the funds appropriated for any fiscal year to support

Federal programs which are designed to assist homeless

individuals, a share more closely approximating the proportion

of the population of homeless individuals who are veterans
H. R. 5244—36

should be appropriated to the Secretary of Veterans Affairs

for programs to assist homeless veterans that are administered

by that Secretary;

(2) of the Federal grants made available to assist community organizations that assist homeless individuals, a share

of such grants more closely approximating the proportion of

the population of homeless individuals who are veterans should

be provided to community organizations that provide assistance

primarily to homeless veterans; and

(3) the Secretary of Veterans Affairs should take such

actions as are necessary to ensure that Federal agencies that

provide assistance, either directly or indirectly, to homeless

individuals, including homeless veterans, are aware of and

encouraged to make appropriate referrals to facilities of the

Department of Veterans Affairs for benefits and services, such

as health care, substance abuse treatment, counseling, and

income assistance.

TITLE XI—REDUCTIONS IN DEPARTMENT OF VETERANS AFFAIRS PERSONNEL

SEC. 1101. FINDINGS.

Congress makes the following findings: (1) Under proposals for national health care reform, the

Department of Veterans Affairs will be required to provide

health care services to veterans on a competitive basis with

other health care providers.

(2) The elimination of positions from the Department that

the Office of Management and Budget has scheduled to occur

in fiscal years 1995 through 1999 would prevent the Department from meeting the responsibilities of the Department to

provide health care to veterans under law and from maintaining

the quality of health care that is currently provided to veterans.

SEC. 1102. REQUIREMENT FOR MINIMUM NUMBER OF FULL-TIME

EQUIVALENT POSITIONS.

(a) IN GENERAL.—Chapter 7 is amended by adding at the

end the following new section:

‘‘§ 712. Full-time equivalent positions: limitation on reduction

‘‘(a) Notwithstanding any other provision of law, the number

of full-time equivalent positions in the Department of Veterans

Affairs during the period beginning on the date of the enactment

of this section and ending on September 30, 1999, may not (except

as provided in subsection (c)) be less than 224,377.

‘‘(b) In determining the number of full-time equivalent positions

in the Department of Veterans Affairs during a fiscal year for

purposes of ensuring under section 5(b) of the Federal Workforce

Restructuring Act of 1994 (Public Law 103–226; 108 Stat. 115;

5 U.S.C. 3101 note) that the total number of full-time equivalent

positions in all agencies of the Federal Government during a fiscal

year covered by that section does not exceed the limit prescribed

for that fiscal year under that section, the total number of full-
H. R. 5244—37

time equivalent positions in the Department of Veterans Affairs

during that fiscal year shall be the number equal to—

‘‘(1) the number of such positions in the Department during

that fiscal year, reduced by

‘‘(2) the sum of—

‘‘(A) the number of such positions in the Department

during that fiscal year that are filled by employees whose

salaries and benefits are paid primarily from funds other

than appropriated funds; and

‘‘(B) the number of such positions held during that

fiscal year by persons involved in medical care cost recovery

activities under section 1729 of this title.

‘‘(c) The Secretary shall not be required to make a reduction

in the number of full-time equivalent positions in the Department

unless such reduction—

‘‘(1) is necessary due to a reduction in funds available

to the Department; or

‘‘(2) is required under a law that is enacted after the

date of the enactment of this section and that refers specifically

to this section.

‘‘(d) The Secretary shall submit to the Committees on Veterans’

Affairs of the Senate and House of Representatives an annual

report, through the year 2000, on the number and type of fulltime equivalent positions in the Department that are reduced under

this section. The report shall include a justification for the reductions and shall be submitted with the materials provided in support

of the budget for the Department contained in the President’s

budget submitted to Congress for a fiscal year pursuant to section

1105 of title 31.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘712. Full-time equivalent positions: limitation on reduction.’’.

SEC. 1103. ENHANCED AUTHORITY TO CONTRACT FOR NECESSARY

SERVICES.

Section 8110(c) is amended by striking out paragraph (7) and

inserting in lieu thereof the following: ‘‘(7) Paragraphs (1) through (6) shall not be in effect during

fiscal years 1995 through 1999. ‘‘(8) During the period covered by paragraph (7), whenever

an activity at a Department health-care facility is converted from

performance by Federal employees to performance by employees

of a contractor of the Government, the Secretary shall— ‘‘(A) require in the contract for the performance of such

activity that the contractor, in hiring employees for the performance of the contract, give priority to former employees of the

Department who have been displaced by the award of the

contract; and

‘‘(B) provide to such former employees of the Department

all possible assistance in obtaining other Federal employment

or entrance into job training and retraining programs.

‘‘(9) The Secretary shall include in the Secretary’s annual report

to Congress under section 529 of this title, for each fiscal year

covered by paragraph (7), a report on the use during the year

covered by the report of contracting-out authority made available

by reason of paragraph (7). The Secretary shall include in each
H. R. 5244—38

such report a description of each use of such authority, together

with the rationale for the use of such authority and the effect

of the use of such authority on patient care and on employees

of the Department.’’.

SEC. 1104. STUDY.

(a) REQUIREMENT.—The Secretary of Veterans Affairs shall enter into an agreement with an appropriate non-Federal entity

under which the entity shall carry out a study of the feasibility

and advisability of alternative organizational structures, such as

the establishment of a wholly-owned Government corporation or

a Government-sponsored enterprise, for the effective provision of

health care services to veterans.

(b) SUBMISSION OF REPORT.—The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House

of Representatives a report on the study required under subsection

(a). The report shall be submitted not later than one year after

the date of the enactment of this Act.

(c) AUTHORIZATION OF FUNDS.—There is hereby authorized to

be appropriated for the Department of Veterans Affairs the sum

of $1,000,000 for the purposes of carrying out the study required

under subsection (a).

TITLE XII—TECHNICAL AND CLERICAL

AMENDMENTS

SEC. 1201. AMENDMENTS TO TITLE 38, UNITED STATES CODE.

(a) REFERENCES TO ‘‘SECRETARY’’ AND ‘‘DEPARTMENT’’.—Title 38,

United States Code, is amended as follows:

(1) Paragraph (1) of section 101 is amended to read as

follows:

‘‘(1) The terms ‘Secretary’ and ‘Department’ mean the Secretary

of Veterans Affairs and the Department of Veterans Affairs, respectively.’’.

(2) Section 1532(c) is amended by striking out ‘‘Secretary’’

and inserting in lieu thereof ‘‘Veterans’ Administration’’.

(3) Section 3745(a) is amended by striking out ‘‘Secretary’’

after ‘‘consult with the’’ and inserting in lieu thereof ‘‘Administrator’’.

(4) Section 4102A(e) is amended by striking out ‘‘Regional

Secretary’’ both places it appears and inserting in lieu thereof

‘‘Regional Administrator’’.

(5) Section 4110(d)(9) is amended by striking out ‘‘Secretary

of the Small Business Administration’’ and inserting in lieu

thereof ‘‘Administrator of the Small Business Administration’’.

(b) REFERENCES TO DEPARTMENT OF MEDICINE AND SURGERY.— (1) The following sections of title 38, United States Code,

are amended by striking out ‘‘Department of Medicine and

Surgery’’ each place it appears and inserting in lieu thereof

‘‘Veterans Health Administration’’: sections 3120(a), 3120(f),

3121(a)(3), 7603(a), 7603(c)(1)(B), 7604(1)(B), 7604(2)(D),

7612(c)(1)(B), 7615, 7616(b)(2), 7616(c), 7622(b)(1),

7622(c)(2)(A), 7623(b), 7635(a)(1), 7635(a)(2), and 8110(a).

(2) Section 7622(c)(2)(B) of such title is amended by striking

out ‘‘such Department’’ and inserting in lieu thereof ‘‘the Veterans Health Administration’’.
H. R. 5244—39

(c) CONFORMING AMENDMENTS RELATING TO CONVERSION OF

POSITIONS OF CHIEF MEDICAL DIRECTOR AND CHIEF BENEFITS

DIRECTOR TO UNDER SECRETARY POSITIONS.—Title 38, United

States Code, is amended as follows:

(1) Section 305 is amended—

(A) in subsection (a)(1), by striking out ‘‘a Under Secretary’’ and inserting in lieu thereof ‘‘an Under Secretary’’;

and

(B) in subsection (d)(2)(F), by striking out ‘‘Under Secretary’’ the second place it appears and all that follows

through the closing parenthesis and inserting in lieu

thereof ‘‘Chief Medical Director of the Veterans’ Administration)’’.

(2) Section 306 is amended—

(A) in subsection (a), by striking out ‘‘a Under Secretary’’ and inserting in lieu thereof ‘‘an Under Secretary’’;

and

(B) in subsection (d)(2)(F), by striking out ‘‘Under Secretary’’ the second place it appears and all that follows

through the closing parenthesis and inserting in lieu

thereof ‘‘Chief Benefits Director of the Veterans’ Administration)’’.

(3) Section 7306 is amended—

(A) in subsection (a)—

(i) in paragraph (3), by striking out ‘‘Assistant

Chief Medical Directors’’ and inserting in lieu thereof

‘‘Assistant Under Secretaries for Health’’;

(ii) by redesignating the last three paragraphs as

paragraphs (8), (7), and (9) respectively;

(iii) by reversing the order in which the penultimate and antepenultimate paragraphs appear; and

(iv) in paragraph (8), as so redesignated, by striking out ‘‘Chief Medical Director’’ and inserting in lieu

thereof ‘‘Under Secretary for Health’’;

(B) in subsection (b), by striking out ‘‘Assistant Chief

Medical Directors’’ in the matter preceding paragraph (1)

and inserting in lieu thereof ‘‘Assistant Under Secretaries

for Health’’; and

(C) in subsection (c), by striking out ‘‘and (7)’’ and

inserting in lieu thereof ‘‘and (8)’’.

(4) Section 7314(d) is amended—

(A) in paragraph (1)—

(i) by striking out ‘‘the Chief Medical Director and

the Secretary to carry out’’ and inserting in lieu thereof

‘‘the Secretary and the Under Secretary for Health

in carrying out’’; and

(ii) by striking out ‘‘the Assistant Chief Medical

Director described in section 7306(b)(3)’’ and inserting

in lieu thereof ‘‘the Assistant Under Secretary for

Health described in section 7306(b)(3)’’; and

(B) in paragraph (3), by striking out ‘‘Assistant Chief

Medical Director’’ both places it appears and inserting in

lieu thereof ‘‘Assistant Under Secretary’’.

(5) Section 7318 is amended by striking out ‘‘Chief Medical

Director’’ each place it appears and inserting in lieu thereof

‘‘Under Secretary for Health’’.
H. R. 5244—40

(6) Section 7440(1) is amended by striking out ‘‘Chief Medical Director’s’’ and inserting in lieu thereof ‘‘Under Secretary

for Health’s’’.

(7) Section 7451(g)(1) is amended by striking out ‘‘Chief

Medical Director’s’’ and inserting in lieu thereof ‘‘Under Secretary for Health’s’’.

(d) CROSS REFERENCE AMENDMENTS TO PROVISIONS OF TITLE

38.—Title 38, United States Code, is amended as follows:

(1) Section 115 is amended by striking out ‘‘sections 230’’

and inserting in lieu thereof ‘‘sections 314, 315, 316,’’.

(2) Section 1710(f)(3)(E) is amended by striking out ‘‘section

1712(f)’’ and ‘‘section 1712(f)(4)’’ and inserting in lieu thereof

‘‘section 1712(a)’’ and ‘‘section 1712(f)’’, respectively.

(3) Section 1712 is amended—

(A) in subsection (i)(5), by striking out ‘‘section

1722(a)(1)(C)’’ and inserting in lieu thereof ‘‘section

1722(a)(3)’’; and

(B) in subsection (j), by striking out ‘‘Section 4116’’

and inserting in lieu thereof ‘‘Section 7316’’.

(4) Section 3018A(d)(3) is amended by striking out ‘‘section

3015(e)’’ and inserting in lieu thereof ‘‘section 3015(f)’’.

(5) Section 3018B(d)(3) is amended by striking out ‘‘section

3015(e)’’ and inserting in lieu thereof ‘‘section 3015(f)’’.

(6) Section 3032(f)(3) is amended by striking out ‘‘(c), or

(d)(1)’’ and inserting in lieu thereof ‘‘(d), or (e)(1)’’.

(7) Section 3035(b) is amended—

(A) in paragraph (2), by striking out ‘‘section 3015(c)’’

and inserting in lieu thereof ‘‘section 3015(d)’’; and (B) in paragraph (3)(C), by striking out ‘‘section 3015(e)’’ and inserting in lieu thereof ‘‘section 3015(f)’’.

(8) Section 3103(b)(3) is amended by striking out ‘‘section 3102(1)(A)’’ and inserting in lieu thereof ‘‘section 3102(1)(A)(i)’’. (9) Section 3106(a) is amended by striking out ‘‘section 3102(1)(A) or (B)’’ and inserting in lieu thereof ‘‘clause (i) or

(ii) of section 3102(1)(A)’’.

(10) Section 3113(a) is amended by striking out ‘‘section 3102(1)(B) and (2)’’ and inserting in lieu thereof ‘‘subparagraphs

(A)(ii) and (B) of section 3102(1)’’.

(11) Section 3120(b) is amended by striking out ‘‘section 3012(1)(A)’’ and inserting in lieu thereof ‘‘section 3102(1)(A)(i)’’. (12) Section 3241(c) is amended by striking out ‘‘1663,’’.

(13) Section 3735(a)(1)(A) is amended by striking out ‘‘section 3402’’ and inserting in lieu thereof ‘‘section 5902’’. (14) Section 4103(c)(2) is amended by striking out ‘‘subchapter IV of chapter 3’’ and inserting in lieu thereof ‘‘subchapter II of chapter 77’’.

(15) Section 5104(a) is amended by striking out ‘‘section

211(a)’’ and inserting in lieu thereof ‘‘section 511’’.

(16) Section 8103(d)(6)(A) is amended by striking out ‘‘section 230(c)’’ and inserting in lieu thereof ‘‘section 316’’.

(17) Section 8110(c)(3)(B) is amended by striking out ‘‘section 213 or 4117’’ and inserting in lieu thereof ‘‘section 513

or 7409’’.

(18) Section 8135(a)(3) is amended by striking out ‘‘section

8134(2)’’ and inserting in lieu thereof ‘‘section 8134(a)(2)’’.

(19) Section 8155(a) is amended by striking out ‘‘section

4112’’ and inserting in lieu thereof ‘‘section 7312’’.
H. R. 5244—41

(20) Section 8201(c) is amended by striking out ‘‘section

4112(a)’’ and inserting in lieu thereof ‘‘section 7312(a)’’.

(e) PUNCTUATION, CAPITALIZATION, SPELLING, ETC.—Title 38,

United States Code, is amended as follows:

(1) Section 111(b)(3)(B) is amended by striking out ‘‘the

Department facility’’ and inserting in lieu thereof ‘‘a Department facility’’.

(2) Sections 305(d)(2)(F) and 306(d)(2)(F) are amended by

striking out ‘‘Commission’’ and inserting in lieu thereof

‘‘commission’’.

(3) Section 312(a) is amended by striking out ‘‘(5 U.S.C.

App. 3)’’ and inserting in lieu thereof ‘‘(5 U.S.C. App.)’’.

(4) Section 317(b)(2) is amended by striking out ‘‘provided,

by the’’ and inserting in lieu thereof ‘‘provided by, the’’.

(5) Section 711(d) is amended by striking out ‘‘Committees’’

and inserting in lieu thereof ‘‘committees’’.

(6) Section 1116(a)(1)(B) is amended by striking out ‘‘(1)’’

and ‘‘(2)’’ and inserting in lieu thereof ‘‘(i)’’ and ‘‘(ii)’’, respectively.

(7) Section 1722A(a)(1) is amended by striking out the

closing parenthesis after ‘‘veteran’’ in the first sentence.

(8) Section 1969(e) is amended—

(A) by striking out ‘‘sections 1971 (a) and (c)’’ and

inserting in lieu thereof ‘‘subsections (a) and (c) of section

1971’’; and

(B) by striking out ‘‘sections 1971 (d) and (e)’’ and

inserting in lieu thereof ‘‘subsections (d) and (e) of section

1971’’.

(9) Section 1977(f) is amended by striking out ‘‘sections 1971 (d) and (e)’’ and inserting in lieu thereof ‘‘subsections

(d) and (e) of section 1971’’.

(10) Section 3011(f)(1) is amended by striking out ‘‘whose

length’’ and inserting in lieu thereof ‘‘the length of which’’. (11) Section 3018B(d) is amended—

(A) in paragraph (1), by striking out ‘‘(a)(2)(D) of this subsection’’ and inserting in lieu thereof ‘‘(a)(2)(D) of this

section’’; and

(B) in paragraph (3)— (i) by striking out ‘‘such Account’’ and inserting

in lieu thereof ‘‘such account’’; and

(ii) by striking out ‘‘this chapter’’ and inserting

in lieu thereof ‘‘this title’’.

(12) Section 3688(a)(6) is amended by inserting a comma after ‘‘3241(a)(2)’’.

(13) Section 3706 is amended by striking out ‘‘of this chapter’’ the second and third places it appears and inserting in

lieu thereof ‘‘of this title’’.

(14) Section 3712 is amended—

(A) in subsection (c)(3)—

(i) by inserting ‘‘of’’ in subparagraph (D) after

‘‘subparagraph (B)’’; and

(ii) by striking out ‘‘of this subsection’’ in subparagraph (E) and inserting in lieu thereof ‘‘of this paragraph’’; and

(B) in subsection (m), by striking out ‘‘section 3704(d)

and section 3721 of this chapter’’ and inserting in lieu

thereof ‘‘sections 3704(d) and 3721 of this title’’.
H. R. 5244—42

(15) Section 3713(b) is amended in the last sentence by

striking out ‘‘subsection 5302(b) of this title, if eligible thereunder’’ and inserting in lieu thereof ‘‘section 5302(b) of this

title, if the veteran is eligible for relief under that section’’.

(16) Section 5702 is amended—

(A) by inserting ‘‘(a)’’ before ‘‘Any person desiring’’;

(B) by striking out ‘‘custody of’’ and all that follows

through ‘‘stating’’ and inserting in lieu thereof ‘‘custody

of the Secretary that may be disclosed under section 5701

of this title must submit to the Secretary an application

in writing for such copy. The application shall state’’; and

(C) in subsection (c), by striking out ‘‘is authorized

to fix’’ and inserting in lieu thereof ‘‘may establish’’.

(17) Section 6101(a) is amended by inserting a comma

after ‘‘title 18’’.

(18) Section 6103(d)(1) is amended in the second sentence—

(A) by striking out ‘‘(a)’’ and ‘‘(b)’’ and inserting in

lieu thereof ‘‘(A)’’ and ‘‘(B)’’, respectively; and

(B) by striking out ‘‘prior to’’ and inserting in lieu

thereof ‘‘before’’.

(19) Section 6105(c) is amended—

(A) in the first sentence, by striking out ‘‘clauses (2),

(3), or (4) of subsection (b) of this section’’ and inserting

in lieu thereof ‘‘paragraph (2), (3), or (4) of subsection

(b)’’;

(B) in the second sentence, by striking out ‘‘clause

(1) of that subsection’’ and inserting in lieu thereof ‘‘paragraph (1) of subsection (b)’’; and (C) by transposing the two sentences of that subsection (as so amended).

(20) Section 7312(d) is amended by striking out ‘‘the

advisory groups activities’’ and inserting in lieu thereof ‘‘the

activities of the advisory group’’. (21) Section 7408(a) is amended by striking out ‘‘civil-service’’ and inserting in lieu thereof ‘‘civil service’’. (22) Sections 7433(b)(3)(A) and 7435(b)(3)(A) are amended

by striking out ‘‘nation-wide’’ and inserting in lieu thereof

‘‘nationwide’’.

(23) Section 7451(d)(3)(C)(i)(I) is amended by striking out

‘‘labor market area’’ and inserting in lieu thereof ‘‘labor-market

area’’.

(24) Section 7453 is amended by striking out ‘‘subsections’’ in subsections (f) and (g) and inserting in lieu thereof ‘‘subsection’’.

(25) Section 7601(a) is amended by striking out the comma

at the end of paragraph (1) and inserting in lieu thereof a

semicolon.

(26) Section 7604 is amended by striking out ‘‘subchapters’’

in paragraphs (1)(A), (2)(D), and (5) and inserting in lieu thereof

‘‘subchapter’’.

(27) Section 8126 is amended—

(A) in subsection (e)(1)(A), by striking out ‘‘1-year’’

and inserting in lieu thereof ‘‘one-year’’; and

(B) in subsection (f)(2), by striking out ‘‘, and’’ and

inserting in lieu thereof a period.

(f) DATE OF ENACTMENT REFERENCES.—Title 38, United States

Code, is amended as follows:
H. R. 5244—43

(1) Section 1922A(b) is amended by striking out ‘‘insurance

not later than’’ and all that follows through ‘‘that the Department’’ and inserting in lieu thereof ‘‘insurance. Such application

must be filed not later than (1) October 31, 1993, or (2) the

end of the one-year period beginning on the date on which

the Secretary’’.

(2) Sections 3011(e) and 3012(f) are amended by striking

out ‘‘the end of the 24-month period beginning on the date

of the enactment of this subsection’’ and inserting in lieu thereof

‘‘October 28, 1994,’’.

(3) Section 3018B(a)(2)(A) is amended by striking out ‘‘the

date of enactment of this section’’ and inserting in lieu thereof

‘‘October 23, 1992,’’.

(4) Section 3702(a)(2)(E) is amended by striking out ‘‘For

the 7-year period beginning on the date of enactment of this

subparagraph,’’ and inserting in lieu thereof ‘‘For the period

beginning on October 28, 1992, and ending on October 27,

1999,’’.

(5) Section 6103(d)(2) is amended by striking out ‘‘the date

of enactment of this amendatory Act’’ and inserting in lieu

thereof ‘‘June 30, 1972’’.

(6) Section 8126 is amended—

(A) in subsection (e)(1)(A), by striking out ‘‘30 days

after the date of the enactment of this section’’ and inserting in lieu thereof ‘‘December 4, 1992’’; and

(B) in subsection (g), by striking out ‘‘the date of the

enactment of this section’’ in paragraphs (1) and (2) and

inserting in lieu thereof ‘‘November 4, 1992’’.

(g) OBSOLETE OR EXECUTED PROVISIONS.—Title 38, United

States Code, is amended as follows:

(1) Section 312(b) is amended by striking out paragraph (3).

(2) Section 1524(a)(2) is amended by striking out ‘‘Subject

to paragraph (3) of this subsection, if’’ and inserting in lieu

thereof ‘‘If’’.

(3) Section 4110(c)(1) is amended by striking out ‘‘shall,

within 90 days after the date of the enactment of this section,

appoint’’ and inserting in lieu thereof ‘‘shall appoint’’.

(4)(A) Section 5505 is repealed.

(B) The table of sections at the beginning of chapter 55

is amended by striking out the item relating to section 5505.

(5) Section 7311 is amended by striking out subsections

(f) and (g).

(6) Section 7453(i)(3) is amended by striking out ‘‘of

title 5’’.

(7) Section 8110(c) is amended by striking out paragraph (7).

(8) Section 8111(b) is amended—

(A) in paragraph (2)—

(i) by striking out ‘‘During fiscal years 1982 and

1983’’ in the second sentence and inserting in lieu

thereof ‘‘During odd-numbered fiscal years’’;

(ii) by striking out ‘‘During fiscal year 1984’’ in

the third sentence and inserting in lieu thereof ‘‘During

even-numbered fiscal years’’; and

(iii) by striking out the fourth sentence; and
H. R. 5244—44

(B) in paragraph (4), by striking out ‘‘Within nine

months of the date of the enactment of this subsection

and at such times thereafter as’’ and inserting in lieu

thereof ‘‘At such times as’’.

(h) AMENDMENTS TO HEADINGS AND TABLES OF CONTENTS.—

Title 38, United States Code, is amended as follows:

(1) The table of chapters before part I and the table of

chapters at the beginning of part III are amended by striking

out the item relating to chapter 42 and inserting in lieu thereof

the following:

‘‘42. Employment and Training of Veterans ......................................................... 4211’’.

(2) The heading of section 2106 is amended by revising

each word after the first word so that the initial letter of

each such word is lower case.

(3) The item relating to subchapter III in the table of

sections at the beginning of chapter 73 is amended to read

as follows:

‘‘SUBCHAPTER III—PROTECTION OF PATIENT RIGHTS’’.

(4) The heading of section 7458 is amended to read as

follows:

‘‘§ 7458. Recruitment and retention bonus pay’’.

(5) The heading of chapter 81 is amended by inserting

‘‘ENHANCED-USE’’ before ‘‘LEASES OF REAL’’.

(6) The item relating to section 8126 in the table of sections

at the beginning of chapter 81 is amended to read as follows:

‘‘8126. Limitation on prices of drugs procured by Department and certain other Federal agencies.’’.

(i) OTHER MISCELLANEOUS CORRECTIONS.—Title 38, United

States Code, is amended as follows:

(1) Section 1718(c)(1) is amended by inserting ‘‘of Veterans

Affairs’’ after ‘‘Department’’ in the first sentence.

(2) Section 1922(b)(4) is amended by striking out ‘‘Notwithstanding’’ and all that follows through ‘‘title,’’ and inserting

in lieu thereof ‘‘Notwithstanding section 1917 of this title,’’.

(3) Section 1969(d)(3) is amended by striking out ‘‘General

Operating Expenses, Department’’ and inserting in lieu thereof

‘‘General Operating Expenses, Department of Veterans Affairs’’.

(4) Section 3018A(a)(1) is amended by striking ‘‘after

December 31, 1990,’’ and all that follows through ‘‘whichever

is later,’’ and inserting in lieu thereof ‘‘after February 2, 1991,’’.

(5) Section 3121(a)(3) is amended by striking out ‘‘Department of Veterans’ Benefits’’ and inserting in lieu thereof ‘‘Veterans Benefits Administration’’.

(6) Section 3680(a)(C) is amended by striking out ‘‘1 full’’

and inserting in lieu thereof ‘‘one full’’.

(7) Section 4110(e)(3)(B) is amended—

(A) by striking out ‘‘, United States Code,’’; and

(B) by striking out ‘‘the Board’’ and inserting in lieu

thereof ‘‘the advisory committee’’.

(8) Section 5110 is amended by striking out subsection (m).

(9) Section 7315(b)(2) is amended by striking out ‘‘Department’’ and inserting in lieu thereof ‘‘Veterans’ Administration’’.

(10) Section 8111(f)(6) is amended by inserting ‘‘of Defense’’

after ‘‘the Secretary’’ the second place it appears.
H. R. 5244—45

(11) Section 8502(d) is amended by striking out ‘‘General

Post Fund, National Homes, Department,’’ and inserting in

lieu thereof ‘‘General Post Fund, National Homes, Department

of Veterans Affairs,’’.

SEC. 1202. AMENDMENTS TO OTHER LAWS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS.

(a) PUBLIC LAW 102–54.—Effective as of June 13, 1991, and

as if included in the enactment of Public Law 102–54, Public Law

102–54 is amended as follows:

(1) Section 13(e) (105 Stat. 275) is amended by striking

out ‘‘subsection (b)(10)’’ and inserting in lieu thereof ‘‘subsection

(c)(10)’’.

(2) Section 15(a)(1)(A) (105 Stat. 289) is amended by inserting ‘‘the first place it appears’’ before ‘‘in the first sentence’’.

(b) PUBLIC LAW 102–83.—Effective as of August 6, 1991, and

as if included in the enactment of Public Law 102–83, section

4(a) of Public Law 102–83 (105 Stat. 403) is amended as follows:

(1) Paragraph (2)(E) is amended by striking out ‘‘Section

601(4)’’ and inserting in lieu thereof ‘‘Section 601(3)’’.

(2) Paragraph (4) is amended by adding at the end the

following:

‘‘(E) Sections 7314(b)(1) and 7315(b)(2).’’.

(c) PUBLIC LAW 102–86.—Section 403(b)(4) of the Veterans’

Benefits Programs Improvement Act of 1991 (Public Law 102–

86; 105 Stat. 423; 36 U.S.C. 493(b)(4)) is amended by striking

out ‘‘section 235’’ and inserting in lieu thereof ‘‘section 707’’.

(d) PUBLIC LAW 102–547.—Section 10(b)(2) of the Veterans

Home Loan Program Amendments of 1992 (106 Stat. 3643; 38

U.S.C. 3703 note) is amended by striking out ‘‘paragraph 4’’ and

inserting in lieu thereof ‘‘paragraph (4)’’. (e) PUBLIC LAW 102–585.—The Veterans Health Care Act of

1992 (Public Law 102–585) is amended as follows:

(1) Section 202 (38 U.S.C. 8111 note) is amended by striking

out ‘‘the Chief Medical Director’’ and inserting in lieu thereof

‘‘the Under Secretary for Health of the Department of Veterans

Affairs’’.

(2) Section 511(c) (38 U.S.C. 7318 note) is amended by

striking out ‘‘Chief Medical Director’’ each place it appears

and inserting in lieu thereof ‘‘Under Secretary for Health’’.

SEC. 1203. AMENDMENTS TO OTHER LAWS.

(a) PUBLIC HEALTH SERVICE ACT.—The Public Health Service

Act is amended as follows:

(1) Section 502(b)(2)(D) (42 U.S.C. 290aa–1(b)(2)(D)) is

amended to read as follows:

‘‘(D) the Under Secretary for Health of the Department

of Veterans Affairs;’’.

(2) Section 542(b)(2) (42 U.S.C. 290dd–1(b)(2)) is amended

by striking out ‘‘Chief Medical Director’’ and inserting in lieu

thereof ‘‘Under Secretary for Health’’.

(3) Section 2604(b)(2)(A) (42 U.S.C. 300ff–14(b)(2)(A)) is

amended by striking out ‘‘Veterans Administration facilities’’

and inserting in lieu thereof ‘‘Department of Veterans Affairs

facilities’’.

(b) MISCELLANEOUS DEPARTMENT AND SECRETARY REFERENCES.—Section 5102(c)(3) of title 5, United States Code, is
H. R. 5244—46

amended by striking out the comma after ‘‘Department of Veterans

Affairs’’.

(c) MISCELLANEOUS CROSS-REFERENCE CORRECTIONS.—

(1) Section 1204(a)(1) of title 5, United States Code, is

amended by striking out ‘‘section 4323’’ and inserting in lieu

thereof ‘‘section 4303’’.

(2) Section 441(b)(2)(B) of the Job Training Partnership

Act (29 U.S.C. 1721(b)(2)(B)) is amended—

(A) by striking out ‘‘subchapter IV of chapter 3’’ and

inserting in lieu thereof ‘‘subchapter II of chapter 77’’;

and

(B) by striking out ‘‘sections 612A, 620A, 1787, and

2003A’’ and inserting in lieu thereof ‘‘sections 1712A,

1720A, 3687, and 4103A’’.

(3) Section 107 of the Local Public Works Capital Development and Investment Act of 1976 (42 U.S.C. 6706) is amended

by striking out ‘‘section 4211(2)(A)’’ and ‘‘section 2011(1)’’ inserting in lieu thereof ‘‘section 4211(2)’’ and ‘‘section 4211(1)’’,

respectively.

(4) Section 4(g)(2) of the Employment Act of 1946 (15

U.S.C. 1022a(g)(2)) is amended—

(A) by striking out ‘‘this subsection’’ and inserting in

lieu thereof ‘‘this section’’; and

(B) by striking out ‘‘section 2011(1) or (2)(A)’’ and

inserting in lieu thereof ‘‘section 4211(1) or (2)’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.